The precautionary measure was issued by Kirchnerist Moira Alicia Fullana, following a filing made by ATE
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The National First Instance Labor Court No. 3 of the City of Buenos Aires decided this Wednesday to suspend, on a provisional basis, the effects of the Necessity and Urgency Decree (DNU) 430/2025 issued by President Javier Milei, which eliminated the privilege of the holiday on June 27 intended for national public administration employees.
The precautionary measure was issued by the ultra-Kirchnerist judge Moira Alicia Fullana following a petition filed by the State Workers Association (ATE), which requested judicial intervention to prevent the elimination of the day known as the "State Workers' Day."
The initial objective of the legal action was to obtain a declaration of unconstitutionality and inapplicability of Article 1 of DNU 430/2025, which annulled Article 2 of Law 26.876, a regulation that had established June 27 as a paid holiday for state personnel.
Javier Milei, presidente de Argentina.
The decision
In her decision, the ultra-Kirchnerist judge Moira Fullana ordered:
To declare that the National Labor Court has jurisdiction to intervene in this case.
To formally consider the amparo action filed as valid and to initiate its processing in accordance with Law 16.986, since the lawsuit is directed against the National Executive Branch.
To grant the precautionary measure requested by ATE and provisionally suspend the effects of Article 2 of DNU 430/25, with respect to the workers represented by that union, until a final judgment is issued on the merits of the case.
To postpone the decision regarding costs and professional fees until the substantive issue is solved.
In the grounds for the ruling, the magistrate stated that, given the immediacy with which the decree was to come into force, it was urgent to intervene judicially. For this reason, she decided to grant the precautionary measure without waiting for the report provided for in Law 26.854 for these cases.
With this decision, Article 2 of DNU 430/2025 is rendered ineffective, on a provisional basis, for the members and those represented by ATE, until a final judgment is issued.
Javier Milei, presidente de Argentina.
Milei government's measure
Decree 430/2025, currently provisionally suspended by the courts, entailed a significant change in the regulations governing State Workers' Day in Argentina.
Until its issuance, the current legislation established that June 27 should be considered a "day of rest for national public administration employees, during which no work shall be performed, and it shall be assimilated to national holidays for all legal purposes."
With the new measure, the Milei government repealed Article 2 of that law, thus eliminating the non-working status of the date. Consequently, although State Workers' Day continues to exist as a commemorative date, it ceased to be a day off for state personnel.
