CGT starts judicial battle against labor reform

The General Confederation of Labor (CGT) filed a judicial injunction against the labor reform promulgated on Friday by the Executive Power, numbered 27.802. The lawsuit, assigned to Judge Enrique Lavié Pico, seeks to declare null articles transferring labor competencies to the City of Buenos Aires. The labor federation plans another action in the labor court.

The labor reform, which drastically changes the relationship between capital and labor, was promulgated this Friday by the Executive Power and bears the number 27.802. This law was the step awaited by the CGT to launch its judicial offensive, which began with an injunction in the Federal Contencioso Administrativo Court.

The filing was assigned to Judge Enrique Lavié Pico's court. In the 22-page document, the CGT requests the declaration of nullity and constitutional invalidity of articles 90 and 91, which establish the transfer of the National Labor Court to the City of Buenos Aires. It argues that “the elimination of the National Labor Justice incurs grave arbitrariness, and is unreasonable in several aspects, both vices constituting causes of constitutional invalidity according to the repeated jurisprudence of the Supreme Court of Justice of the Nation”.

The labor federation highlights its legitimacy by representing workers from all economic sectors and emphasizes the relevance of the National Labor Justice as a guarantee for labor rights for nine decades. It also states that the libertarian reform contravenes the principle of progressivity in labor rights and contradicts international commitments, including conventions of the International Labor Organization (ILO).

Union sources indicate that the CGT has exhausted parliamentary and street protest routes, now strengthening the judicial path. They anticipate a second lawsuit in the labor court, even though this jurisdiction is on the path to extinction according to the law sanctioned by the Senate on Friday with 44 votes. In the inner circle of the labor movement, it is mentioned that labor judges may be pressured by the Government, but it is hoped they will determine the text's unconstitutionality.

Gerardo Martínez, UOCRA leader and CGT articulator, criticized the law during the 2026 Expert Meetings in Washington, organized by the International Trade Union Confederation (ITUC), the Trade Union Advisory Committee to the OECD (TUAC), and the AFL-CIO. There, before IMF and World Bank representatives, he stated: “It collides collectively and individually with the Argentine Constitution. And unfortunately, tripartite dialogue is not a state policy, while there is a crisis affecting development and production, and therefore increasing dismissals and closures of jobs”.

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Union leaders from CGT in a meeting discussing stance on Milei's labor reform, with documents and banners emphasizing workers' rights.
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CGT defines its stance on Milei's labor reform

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The new CGT leadership, headed by a triumvirate, begins a week of internal meetings to define its position on the labor reform project pushed by Javier Milei's Government. Leaders like Octavio Argüello harshly criticized the initiative, calling it a flexibilization that attacks workers' rights. The Government defended the project, assuring it will not remove rights.

Workers from the National Justice system occupied the Labor Justice headquarters in Buenos Aires on Tuesday to protest against the labor reform. The Union of Employees of the Nation's Justice (UEJN) announced a strike in rejection of the transfer of the labor jurisdiction to the Capital Federal's orbit. The event included participation from the CGT and opposition political figures.

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In the latest pushback against President Javier Milei's labor reform—following CGT's December backlash and Plaza de Mayo march—union leaders met Buenos Aires Governor Axel Kicillof to voice concerns over job losses from economic adjustment and criticize the bill as regressive. The national government dismissed the meeting's significance.

The Argentine government delayed sending the labor reform bill to Congress due to President Javier Milei's absence and last-minute negotiations with the CGT. The initiative might be discussed in committees next week, but approval before year's end is unlikely. The labor union rejects the draft and is pushing for changes to sensitive points.

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In a joint committee plenary, La Libertad Avanza's officialism secured the majority opinion for the labor reform with 44 signatures, after removing the controversial Article 44 on sick leave. The opposition, led by Unión por la Patria, presented a counter-reform proposing shorter workdays and expanded worker rights. Meanwhile, the CGT called a national strike for February 19 in opposition to the bill.

In a pivotal update amid union opposition and provincial tensions, the Argentine government announced the removal of the controversial Ganancias (income tax) chapter from its labor reform bill ahead of Wednesday's Senate debate. Patricia Bullrich presented the final version, agreed with allied blocs, to facilitate approval and half-sanction.

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Following the Senate's approval of the labor reform, Senator Patricia Bullrich announced potential modifications to the article on leaves for serious illnesses to retain 100% salary. However, another government source states no changes will be accepted, creating internal tensions. The CGT threatens a general strike in response to the measure.

 

 

 

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