The Government designs a two-pronged plan to meet its objective of "
making the labor market
more flexible" : it appeared before the Supreme Court of Justice to try to reverse the ruling that declared it unconstitutional and suspended the application of the labor chapter of the
mega DNU
of
Javier Milei
and, on the other hand, advanced in the design of a bill that contemplates this battery of reforms.
In the ruling party they argue that although the presentation made by the National Treasury Attorney (PTN) was a
legal "obligation"
, there is interest in quickly putting into effect the so-called labor chapter of the decree devised by the "
offline
advisor "
Federico Sturzenegger
, who seeks to
"facilitate the hiring of employees and make a market more flexible" that, according to his vision, is today immersed in endless legal obstacles
.
It is in this context that the team of State lawyers, led by
Rodolfo Barra
, presented a brief to the highest court in the last few hours that includes criticism of labor justice and the CGT, whose representation it questions.
"There does not arise from the appealed sentence, nor from the records of the case, any argument supported by evidence, which indicates how the validity of the DNU restricts or undermines the rights in terms of freedom of association held by the plaintiff," the lawyers argue. of the Attorney General's Office.
The aforementioned document also states that "it also does not explain how the validity of the DNU affects the rights of the workers that the plaintiff claims to represent," in reference to the labor union.
Javier Milei.
The fact is that the arguments of the lawyers led by Barra
avoid giving weight to the main question of the various judicial resolutions that suspended the application of the labor chapter of the decree: the invocation of the conditions of "necessity and urgency"
to which the Executive resorted to in then avoid passing the reform through Congress.
When the judges of the Federal Chamber of Labor annulled chapter 4 of the decree, they remarked that "the text of article 99, paragraph 3, second paragraph, of the National Constitution is eloquent, and the words chosen in its drafting leave no room "doubts that
the admission of the exercise of legislative powers by the Executive Branch is made under conditions of rigorous exceptionality."
However, in their almost 40-page brief, the PTN lawyers object to the criteria of the Labor Appeals Chamber to justify the non-application of the reform.
"The State and the political authorities are questioned due to the high rates of unemployment and informal work and, on the other hand, when measures are taken in order to resolve these social problems, they are suspended and annulled by the Judiciary at the request of a political and power group, such as the CGT - disguising itself as a vulnerable sector, within the framework of judicial processes that do not respond to a case or cause," they point out.
Focus on Congress
But beyond this legal strategy, Milei together with his small table decided to send the labor chapter of the DNU to Congress.
As this newspaper was able to find out from government sources, the objective is to introduce each of the amendments in a single bill, which would be sent for treatment in ordinary sessions.
But
there are doubts in the ruling party about when to make this parliamentary agenda official.
It is that without prejudice to having given the green light to the project,
close to the president they consider it pertinent to "wait for a response" from the Court
before putting this issue up for debate in Parliament. Between this Tuesday and Wednesday the small executive table would discuss it again. The issue.
Union protest, last January.
Photo: Marcelo Carroll.
The proposed labor reform advances in making working conditions more flexible - it eliminates the system of fines, for example -, reduces compensation but also limits the right to strike, in addition to hitting heavily on the unions' collection funds (it establishes as optional solidarity fees to affiliates).