The Chamber of Labor rescinded the precautionary measure promoted by the CGT and restored full force to the law.
In practical terms, the resolution implies that all the articles of Labor Modernization that had been suspended are back in full force. This makes the package of changes approved by Congress fully operational, at least until there is a definition on the merits of the issue
The file, in this way, enters a key stage. Chamber VIII must analyze the arguments presented by the parties and define whether it is appropriate to confirm or permanently revoke the precautionary measure. It will be the court itself, in its capacity as a collegial body, that will determine the final destination of the rule under discussion
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After learning about the ruling, President Javier Milei celebrated the decision on social networks. “They will not be able to stop the growth that is coming for the country. Long live freedom damn it...!!! ”, he wrote, sharing a message from the Minister of Human Capital, Sandra Pettovello
.The judicial decision was decisive in the discussion about the reform, since it restores its application at a key moment in the process.
The Labor Modernization promoted by the Government of Milei seeks mainly to make the labor market more flexible, reduce labor costs, reduce litigation and promote formal hiring, with the objective of removing millions of Argentine workers from informality.
The National Labor Appeals Chamber decided to rescind the precautionary measure that had suspended a significant part of the Labor Modernization Act of the Government of Javier Milei, implying that the curtailed articles regain effect immediately while the judicial process continues.
The decision was adopted by Chamber VIII of the court, composed of Judge María Dora González and Judge Víctor Arturo Pesino, who determined that the conditions were not in place to sustain the precautionary measure issued in the first instance.
The origin of the measure dates back to March 30, when Judge Enrique Ojeda had ordered the suspension of 83 articles of Law 27,802, following a presentation made by the CGT. That decision had an immediate effect and general scope, holding back the implementation of a central part of the reform promoted by the libertarian administration
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However, the House reviewed the proposal and decided to modify the measure. To substantiate its decision, the court relied on the provisions of Article 13, paragraph 3, of Law 26,854, which regulates precautionary measures against the State, and concluded that in this case there were no exceptional circumstances to justify maintaining the suspension of the rule while the proceedings were being
