The Government of Milei will appeal the ruling that suspended 83 articles of the labor reform after a precautionary measure by the CGT

The national Government confirmed that it will appeal the ruling of the National Labor Court of First Instance No. 63, which decided to accept a precautionary measure submitted by the General Confederation of Labor (CGT) and to suspend the application of 83 articles of Law 27,802 on Labor Modernization, one of the structural reforms promoted by management by Javier Milei to transform the Argentine labor market. The official decision was announced this Monday by the Ministry of Human Capital, after the court decision that suspended part of the new legislation sanctioned by Congress. The announcement was disseminated through a message on the social network X published by Minister Sandra Pettovello, who also robbed

the President.

The Government indicated that they will defend the rule “sanctioned by a large majority of the National Congress and conceived as a fundamental tool”, and that all necessary judicial instances will be exhausted “to guarantee the full validity of Law No. 27,802, as an unequivocal expression of the legislative will and mandate of the current government administration”. The court ruling represents a momentary setback for the Executive, which had presented the reform as a key instrument to promote the creation of formal employment, increase competitiveness and provide greater legal security to both workers and employers. However, the libertarian administration reaffirmed that it will continue to defend the content of the law against what it considers attempts to stop the modernization of the

labor system.

The suspension of the questioned articles was requested by the CGT, which raised the unconstitutionality of several changes introduced in the new legislation. The trade union federation, represented by its co-owners Jorge Sola, Octavio Argüello and Cristian Jerónimo, argued before the courts that the amendments would affect fundamental principles and rights recognized by the National Constitution and by international treaties ratified by Argentina. Among them, they mentioned the right to labor protection, freedom of association, non-discrimination and the progressive nature of social rights

.

In this context, the Justice decided to temporarily suspend the application of the 83 articles, considering that the lawsuit filed by the CGT met the procedural requirements to be processed as a collective declaratory action, in accordance with current case law and regulations. The court explained that the precautionary measure aims to maintain the “status quo” and avoid possible irreparable damage to individual and collective rights protected by previous legislation, until the merits of the case are resolved

.

The ruling also clarified that the suspension is temporary and does not constitute a definitive pronouncement on the constitutionality of the rule. According to the court, “the urgent suspension of the effects of the attacked regulations will provide greater legal security for all the people and institutions involved

.”

The judicial text details that trade union objections point, among other aspects, to the exclusion of workers from technological platforms from general protection, the elimination of the presumption of an employment relationship for the provision of services, the reduction of guarantees in cases of outsourcing and the easing of regulations related to working hours and holidays.

For its part, the National State, represented by the Ministry of Labor and the National Treasury Office, raised formal and substantial objections to the demand driven by the CGT. Among the official arguments, mention was made of the lack of active legitimacy of the trade union federation to represent all workers, the absence of a specific “case or controversy” and the defense of the presumption of legitimacy of legislative activity

.

In addition, the State warned that a temporary suspension of the law affects the public interest and the division of powers established by the Constitution, by pausing a rule approved by Congress.

In line with this position, the Government reaffirmed its commitment to reform and rejected attempts by “those who, prioritizing corporate and sectoral interests, seek to hinder” what it considers “a fundamental tool for the modernization of the Argentine labor market”. The official statement insists that all judicial instances will be exhausted to ensure the full validity of the law, on the understanding that it reflects legislative will and forms a central part of the government program

.

In concrete terms, the judicial measure impacts articles that modify the scope of the Employment Contract Act, introduce new regulations for technological platforms, limit employers' joint and several liability, eliminate the principle of “in dubio pro operario” and reform aspects related to strike statutes and union representation. It also contemplates the repeal of the teleworking law (No. 27,555) and the creation of new labor assistance funds, among other points included

in the reform.

As a result of the provisional suspension of the 83 articles, until there is a final ruling on the constitutional validity of the rule, the rights and guarantees established in previous laws will continue to apply. This includes, among other aspects, the protection of workers against dismissals, wage conditions and the current rules of union representation.

The CGT welcomed the judicial decision. The deputy secretary of the labor union, Andrés Rodríguez (UPCN), stated that the ruling represents “a great step forward” and maintained that the decision “declares many articles, even more than those we had presented, as unconstitutional.” Meanwhile, the Government is already preparing the appeal with the objective of reversing the measure and re-establishing the full validity of the labor reform promoted by the

Milei administration.