The National Chamber of Labor
declared this Tuesday
the labor chapter of the decree of necessity and urgency (DNU) of economic deregulation 70/2023 unconstitutional, as requested by the CGT.
First, it had suspended its validity.
The ruling was signed by members of the fair hall Mario Fera and Héctor Guisado in the case promoted by the CGT and the CTA.
The CGT considered that DNU 70/2023
violates the principle of division of powers and establishes a labor reform with "pejorative and permanent" modifications
in the rights of workers and their union organizations, guaranteed by international treaties and the National Constitution itself.
In a rejected appeal, the Executive Branch stated that the association seeks to challenge a DNU "dictated in accordance with the guidelines and prescriptions of article 99, paragraphs 1, 2 and 3 of the National Constitution, for the purposes of trying to correct the profound prevailing imbalances what they do to the urgency and necessity of the measure".
The Government stated that as this is a matter of "public law", the judicial treatment of it "is the exclusive responsibility of the Federal Administrative Litigation Chamber" and that the precautionary measure was issued in violation of instances that ensure greater information and elements of evaluation. .
And he stressed that the purpose of the DNU is "to vindicate civil rights such as the right to work and to exercise any legal industry" and that "it promotes comprehensive protection, with regulations that advocate promoting and increasing employment and puts the will of the worker above all. the will of its representatives".
The precautionary measures presented by the union centers and different unions against the labor laws that modify the presidential DNU had been appealed by the national government, but until now the higher levels of Justice "dismissed" the arguments of the national Executive in this regard. .
In their different presentations, the union entities considered that DNU 70/2023 affects "the constitutional rights and guarantees" in labor matters that govern in the country, among other aspects, in favor of workers and their union representation.
On January 24, fair labor judge Liliana Rodríguez Fernández considered that the changes proposed by the national government in the decree "had not complied with the constitutional requirements."
At the same time, the judge assessed that the need and urgency of the reform proposed in a decree of that type was not "duly justified."