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Anti-labour law in Argentina deemed unconstitutional

news 26 Apr 2024

Argentina's National Chamber of Labour has ruled the Milei government's Decree of Necessity and Urgency (DNU) and accompanying anti-labour laws unconstitutional and upheld the action filed by the union Asociación del Personal Aeronáutico (APA). 

In 2023 Milei announced the DNU in an attempt to eliminate the legitimacy of trade unions in defending human and labour rights, reduce trade union activism and weaken working conditions and workers' safety. 

The legal action taken by ITF affiliate APA means that the DNU cannot be applied in labour matters – as  individual and collective labour rights are given under constitutional protection and guarantees.  

ITF's Civil Aviation Section Secretary, Gabriel Mocho, said: "Human and labour rights are currently in jeopardy in Argentina in face of Milei's attempts at introducing and imposing anti-union policies. But our affiliates, with the support of the ITF, will not allow years of union struggle to be wiped out."  

Edgar Diaz, ITF regional secretary, said: "We applaud the actions of our affiliate APA, who have set an example of determination and struggle to preserve their labour rights. These are difficult times for our Argentinian affiliates, but ITF will stand in solidarity with them and be present every step of the way to support our comrades in their struggle." 

The now halted DNU also stipulated privatisation of government companies, as recently seen in the case of Aerolíneas Argentinas.  

ITF Affiliates APA, APLA (Asociación de Pilotos de Líneas Aéreas) and UPSA (Unión del Personal Superior y Profesional de Empresas Aerocomerciales), concerned about the future of the airline have carried out several protests against the proposed privatisation and continue the fight for protection of civil aviation jobs.  

The General Confederation of Labour of Argentina (CGT) and the Confederation of Workers of Argentina (CTA) filed writs of amparo against this reform, which were upheld by the Labor Court of Appeals temporarily suspending it.