Argentina's Sala IV of the Contencioso Administrativo Federal Appeals Chamber ruled that the General Confederation of Labor (CGT)'s ongoing constitutional challenge to labor reform law 27.802 belongs in administrative jurisdiction, not labor courts. Judges Rogelio Vicenti and Marcelo Duffy sided with the national government in a win against the union confederation's efforts to block the reform, first challenged judicially in March.
Argentina's Sala IV of the Contencioso Administrativo Federal Appeals Chamber, with judges Rogelio Vicenti and Marcelo Duffy, ruled that the CGT's lawsuit against labor reform law 27.802—promulgated in March and initially challenged via injunction in federal administrative court—falls exclusively under administrative jurisdiction. The government, represented by the Procuración del Tesoro under Sebastián Amerio, had argued that labor courts are unfit for disputes involving executive resolutions.
The judges criticized labor judge Mario Ojeda for his "irregular" handling, noting he failed to properly notify rejection of an inhibition request and improperly forwarded the file to the Labor Chamber. They rejected fiscal Rodrigo Cuesta's opinion to retain it in labor jurisdiction.
The court emphasized that law 27.802 involves federal matters, including funding for the Labor Assistance Fund and Congress's competencies, impacting the state as employer.
This decision follows last week's ruling by the Labor Chamber to fully reinstate the reform, which had been suspended at CGT's request, marking successive judicial setbacks for the unions.
