Court suspends labor reform article in teaching sector

A labor court suspended the application of article 101 of the labor reform, which declared education an essential service. The precautionary measure, filed by the Unión Docentes Argentinos union, frees teaching unions from maintaining 75% staff during strikes. The ruling applies fully to the education sector until the merits are resolved.

The National Labor Court No. 74, led by José Ignacio Ramonet, granted the precautionary measure filed by the Unión Docentes Argentinos (UDA), headed by Sergio Romero. This suspends article 101 of Law 27.802, which required 75% classroom coverage during strikes in education, deemed an essential service.

The ruling referred the case to Court No. 63, which has an ongoing collective process with prior injunctions. Romero hailed the decision, stating courts protected teachers' "historical rights." He emphasized that true essentials are decent wages and building conditions, not limits on union protests.

The suspended article aimed to regulate strikes in key services, mandating 50% to 75% coverage in transport, health, and education, and 100% for security forces. It previously faced blocks in DNU 70 and decree 340. Recently, the Federal Court of San Martín halted articles 131 and 133 following a claim by the Commerce Employees Union.

The CGT had secured a provisional suspension of 83 reform articles in Court No. 63, now supporting sectoral claims.

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Illustration of Argentine government official notifying university rector to ensure classes amid teacher strikes, with protesters and virtual learning in background.
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Government demands universities ensure classes amid teacher strikes

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Argentina's Ministry of Capital Humano, led by Sandra Pettovello, formally notified national university rectors on Monday to detail measures ensuring academic continuity amid teacher and non-teacher strikes. The ministry voiced 'extreme concern' over suspended activities and demanded contingency plans, including virtual classes and rescheduling. This comes amid protests over the government's failure to implement the University Financing Law.

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.

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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.

The Chamber of Deputies approved Javier Milei's labor reform with 135 affirmative votes and 115 negative ones, in a session marked by tensions and an incident involving Deputy Florencia Carignano. The bill, which includes changes to indemnities and contracts, returns to the Senate for final approval on February 27 after the removal of the article on medical leaves. The ruling party celebrated the progress as a step toward labor modernization.

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The Independent National Union of Colegio de Bachilleres Workers (SINTCB) launched a strike on Thursday, March 19, closing all 20 campuses and suspending activities until further notice. The union accuses violations of the collective contract and delays in releasing positions. The Secretariat of Public Education (SEP) expressed willingness to dialogue and review the petition list.

The Tribunal Administrativo de Cundinamarca has backed the Consejo de Estado ruling that suspends transfers of funds from AFP private pension administrators to Colpensiones. The decision drew criticism from President Gustavo Petro and Labor Minister Antonio Sanguino. Colpensiones stated that resources belonging to 129,000 people who switched regimes must be moved to cover pension payments.

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