Argentine court suspends 82 articles of Milei’s labor reform

In a significant setback for Javier Milei’s ultra-right government, the Argentine Labor Court suspended this Monday (30) the application of 82 articles of the harmful labor reform enacted in March. Judge Raúl Horacio Ojeda’s decision, following a request from the General Confederation of Labor (CGT), represents a judicial barrier against what unions and social movements classify as a systematic attack on the historic rights of the Argentine working class.

The injunction reaches the heart of the Mileist proposal: rules that allowed the extension of working hours to up to 12 hours a day without paying overtime, through flexible compensation; the reduction and payment of severance pay in installments; and restrictions on the right to strike, including minimum operating requirements during strikes.

Rules that made it difficult to recognize employment relationships — a measure that would benefit digital platforms and informal employers — and the elimination of the principle of interpreting the law in favor of workers, a pillar of Argentine labor law, were also suspended. “A provisional suspension will avoid greater damage than it would otherwise cause and will prevent very onerous and irreversible legal effects”, reasoned Judge Ojeda.

Judiciary reaffirms constitutionality control

In his decision, the judge rejected the arguments of Casa Rosada, which sought to deny the CGT’s representation and accuse the Judiciary of interfering in the powers of the Legislature. Ojeda maintained that judicial intervention “is necessary precisely to guarantee the separation of powers of the republican system” and that the independence of the Legislature can only be sustained “as long as the National Constitution is respected, otherwise it would be an empty title, devoid of content”.

The judge also highlighted that “the powers and interests are clearly different, because while political power fluctuates with electoral cycles, the judicial power remains indifferent to these changes”. The decision received a favorable opinion from prosecutor Javier Fernández Madrid, reinforcing the technical legitimacy of the measure.

CGT has legitimacy to defend collective rights

One of the central points of the government’s argument was the claim that unregistered workers would not be represented by the union center — and that, therefore, the reform would aim to “provide tools” for their legal inclusion. Ojeda rejected this thesis, stating that “the General Confederation of Labor has active legitimacy to contest the indicated articles, both in terms of unionization, collective bargaining and strike rights, and in those individual aspects common and homogeneous to the entire group of workers”.

The CGT presentation, signed by directors from sectors such as insurance, road transport and glassmakers, questioned the constitutionality of changes to the Labor Contract Law, the rules on collective agreements, rural work and union protection — in addition to violations of international conventions that prohibit setbacks in labor matters.

Union and popular resistance gains judicial support

The reform had been approved by the Argentine Senate in February, in a session marked by tension, street protests and parliamentary disagreements. Since then, unions have begun to question the legality of several points in court, arguing that the text violates constitutional guarantees and international human rights treaties ratified by Argentina.

Ojeda’s decision is not definitive, but it establishes an important precedent: the Milei government can appeal, but it will have to face a Judiciary that, at least in this instance, has demonstrated a willingness to stop neoliberal advances that conflict with the legal system that protects labor.

“American” model versus Peronist tradition

Analysts point out that Milei’s reform brings Argentina closer to the United States’ labor model, moving away from the Peronist tradition of strong union protection and consolidated rights. For critics, this shift does not only aim to “flexibilize” the market, but to dismantle collective bargaining structures that have historically balanced the relationship between capital and labor in the country.

Milei must appeal and still has a chance of reversing it, which makes this topic dominant in the national debate. The injunction is valid until the final judgment of the unconstitutionality action. Meanwhile, the 82 suspended articles remain without effect, keeping the previous, more protective rules in force. The decision also interrupts other controversial measures, such as the repeal of the teleworking law, the creation of a time bank by individual agreement, the mandatory splitting of vacations and the establishment of the Workers’ Assistance Fund (FAL), which would replace compensation — a mechanism that the judge considered incapable of guaranteeing adequate protection and potentially harmful to Social Security.

For social movements, the court decision is a relief, but not an end point. The battle to defend labor rights in Argentina continues in the courts, on the streets and in the field of ideas. As Judge Ojeda summarized: “The declaration of certainty that will come from this trial will provide legal certainty in favor of the public interest.” It remains to be seen whether the Milei government will accept this institutional brake or will insist on a project that, for millions of Argentines, represents not modernization, but regression.