Connect with us

International

Justice in Argentina suspends President Javier Milei’s labor reform, but the government appeals and doubts about its validity grow

In Argentina, an appeals court suspended the labor reform contained in President Javier Milei’s decree of necessity and urgency (DNU) No. 70/2023. While the government prepares to appeal the decision, the execution of measures related to the labor aspect included in the decree is temporarily halted.

The Labor Appeals Chamber considered that “the ‘necessity’ of adopting so many measures would not be objectively evident,” according to the document signed by two judges of the Chamber, José Alejandro Sudera and Andrea García Vior. A third magistrate, María Dora González, dissented, stating that the court does not have jurisdiction, and the case should be transferred to the administrative litigation court.

The ruling states that there are no reasons alleged that constitute an urgency “to avoid the proper intervention of the Legislative Power regarding substantive legislation.” The tribunal cited the Constitution emphatically: “The National Constitution does not allow choosing discretionary between passing a law or imposing certain material contents more quickly through a decree.”

Now, what does the labor chapter of DNU 70/2023, currently suspended by the justice, establish? Regarding this, there are two main issues that have generated controversy:

  • 8-month probation period The DNU extends the probationary period in an indefinite-term employment contract from 3 to 8 months, stating that “it will be considered probationary during the first 8 months of validity.” Additionally, the decree states that “either party may terminate the relationship during that period, without cause and without the right to compensation.”

Labor lawyer Alexander Rodríguez sees this point of the decree as a solution that “should be positive, as it encourages the entry of workers.” According to him, “companies do not hire personnel justifying that labor law is too demanding. So, instead of facilitating the entry of workers, their exit is facilitated. If the probation period is extended, there would be no fines for undeclared work or withheld contributions. Therefore, if you want more staff, you should facilitate entry, not exit.”

In contrast, labor lawyer Leandro Recalde argues that “the probationary period is a time granted to the employer to assess the suitability of the employee and gives them the possibility to terminate the employment relationship once that period is over, without the possibility of paying compensation.” Recalde asks, “How much time is really necessary to assess the employee’s suitability? What they are trying to do with this decree is distort that probationary period to eliminate or degrade the compensatory institute.”

Advertisement
20260224_estafa_mh_728x90
previous arrow
next arrow
  • Severance pay Milei’s DNU states: “In cases of dismissal without just cause by the employer, with or without prior notice, and after the probationary period has elapsed, the employer must pay the worker severance pay equivalent to one month’s salary for each year of service or fraction exceeding 3 months, taking as a basis for calculation the best monthly, normal, and habitual remuneration earned during the last year or during the time of service if less.”

In this regard, Recalde considers that the basic objective of the DNU is to “lower the amount of severance pay.” In this aspect, he emphasized: “The DNU reduces the compensation by attacking how the remuneration or the calculation base for compensation is calculated. That is, if the Labor Contract Law took the best monthly, normal, and habitual remuneration, the DNU excludes the Christmas bonus, semi-annual and annual bonuses, and, in the case of variable remuneration, the best remuneration is not taken, but an average.”

Labor Secretary Omar Yasin declared weeks ago on the news channel La Nación + (LN+) that the DNU “is truly an instrument to generate employment” and that “it does not reduce any worker’s rights.” Regarding severance pay, Yasin argued that the DNU includes “an objective cause for dismissal, which is participating in a block against an employer, causing damage to the employer, the company, or third parties, and, fundamentally, preventing a worker from going to his workplace and not adhering to the strike.”

A topic that has generated controversies and disagreements among different representatives of labor law has to do with the unemployment fund. In statements to LN+, Yasin stated that “another positive aspect of the DNU is the possibility of creating an unemployment fund or termination fund.” As the head of the Labor Secretary established, the termination fund is created by collective agreement. The worker will turn to that fund if dismissed to immediately collect compensation without delay.

“The most serious thing that the decree provides is the possibility that through collective bargaining, unions and business chambers can repeal the compensation system and create series funds that do not adequately protect against dismissal,” argues Recalde. From another perspective, labor lawyer Alexander Rossi maintains that the indemnity resolution by collective agreement “does not make sense” because each business and union sector will have its own agreement.

Yasin also stated that the new DNU generates compensation for discriminatory dismissal, considering sexual, ethnic, or religious orientation. In this regard, the head of the Labor Secretary argued that, in these cases, compensations increase by 50% or 100%, according to judges.

Hours after the news of the suspension of the labor reform included in the DNU became known, it was reported that the State would appeal the precautionary measure. According to a source from the Ministry of Justice of the Nation, the presentation was being prepared by the Treasury Solicitor’s Office of the Nation, led by Rodolfo Barra, a former judge of the Supreme Court. In this regard, the Ministry argues: “They are ignoring the criterion adopted by all other courts in the country, both in the city and in the interior, which sent the case to the natural and universal judge.”

Advertisement
20260224_estafa_mh_728x90
previous arrow
next arrow

Barra said this Wednesday in an interview on Radio con vos that “the National Labor Appeals Chamber has a bias identified with some sectors that could have been affected by the DNU, which acted outside its jurisdiction.” The Treasury Solicitor anticipated that they will take the discussion first “in the administrative litigation court,” and if they are not successful, they will go to the Supreme Court.

Now, is the precautionary measure annulled with the appeal? For labor law specialist Jorge Fontán, the State required a “reconsideration appeal” for the same appeals chamber to review the precautionary measure. In this way, Fontán explained, “After the review, that appeal goes to the Supreme Court.” The Supreme Court will deal with all precautionary measures, but when the judicial recess or vacation, during which judicial activities cease between January 1 and 31 in Argentina, ends. In fact, the court that granted the precautionary measure is a holiday court. So, as Fontán said, the Supreme Court will deal with all precautionary measures when the judicial recess ends. In this way, given that the precautionary measure does not have a suspensive effect, it remains in force according to Fontán.

For labor lawyer Alexander Rodríguez, there are two scenarios: on the one hand, the decree remains suspended until the Supreme Court says otherwise. On the other hand, “A direct presentation of the Executive Power to the Supreme Court is possible, to immediately resolve the issue due to institutional gravity.”

Related Topics:
Continue Reading
Advertisement
20260224_estafa_mh_300x250

International

Mexico and U.S. Launch New Bilateral Security Group to Combat Fentanyl and Organized Crime

The governments of Mexico and the United States officially launched the Bilateral Implementation Group (BIG) on Friday, a new initiative aimed at strengthening cooperation on security issues and enhancing joint efforts against transnational crime.

In a statement, U.S. Ambassador to Mexico Ronald Johnson announced that he and Deputy Foreign Minister Roberto Velasco addressed officials from both countries who will lead what he described as a “new phase of bilateral cooperation.” The initiative seeks to curb the flow of fentanyl and other illicit drugs, illegal firearms, and human trafficking across the shared border.

Earlier this week, Mexico’s Ministry of Foreign Affairs had confirmed that senior security officials from both nations would meet in Mexico City on June 12 to review and advance existing cooperation agreements.

Through social media, Ambassador Johnson explained that the new bilateral group is designed to improve coordination between the two governments by placing greater emphasis on implementation, accountability, and measurable results. The effort will also focus on combating transnational criminal organizations operating across North America.

“The participation of 15 U.S. government agencies, working alongside their Mexican counterparts, reflects the seriousness of this effort and our shared commitment to delivering measurable results,” Johnson said.

The ambassador also highlighted several achievements that he attributed to ongoing bilateral cooperation. According to Johnson, maritime drug trafficking into the United States has declined by more than 95 percent, while overdose deaths have fallen by 35 percent.

He further noted that Mexican authorities have seized more than 400 metric tons of illegal drugs and dismantled over 2,300 clandestine laboratories as part of their efforts to combat organized crime and narcotics production.

The launch of the Bilateral Implementation Group marks the latest step in the security partnership between Mexico and the United States, as both countries seek to address shared challenges related to drug trafficking, arms smuggling, human trafficking, and the activities of criminal networks operating across the region.

Continue Reading

International

‘El Chapo’ Guzmán again asks Mexican president to seek his return from U.S. prison

Convicted drug trafficker Joaquín “El Chapo” Guzmán has once again appealed to Mexican President Claudia Sheinbaum to intervene on his behalf and seek his transfer from the United States to Mexico, where he hopes to serve the remainder of his prison sentence.

Guzmán, the former leader of the Sinaloa Cartel, is currently serving a sentence of more than 50 years in the United States after being convicted in 2019 on multiple charges, including drug trafficking and money laundering.

According to reports, the latest request was made in a letter dated June 2, one of several messages that Guzmán has reportedly sent to Sheinbaum in recent months in an effort to secure his repatriation. In the letter, he expresses hope that the Mexican government can support the efforts of his legal team.

Written in English and by hand, the letter asks that he be allowed to complete his sentence in Mexico, arguing that such a transfer would enable him to receive visits from family members more easily.

Guzmán is currently being held at the United States Penitentiary Administrative Maximum Facility in Florence, Colorado, commonly known as the “Alcatraz of the Rockies,” one of the most secure prisons in the United States.

As in previous communications, the former cartel leader complained about his prison conditions, stating that he remains in near-total isolation and has little to no contact with other inmates.

He also reiterated his long-standing claim that he did not receive a fair trial in the United States and argued that the Mexican government bears responsibility for much of the violence associated with organized crime in the country.

In the letter, Guzmán maintains that his actions were motivated by a desire to protect himself and his family amid the violence linked to criminal organizations in Mexico.

Mexican authorities have not publicly indicated whether they plan to respond to the request. Guzmán remains one of the most notorious figures in the history of international drug trafficking and is serving his sentence under some of the strictest security measures in the U.S. prison system.

Continue Reading

Central America

U.S. Authorities Accuse Guatemalan Nationals of Using False Information to Sponsor Migrant Minors

Senior officials from the U.S. Department of Justice and the Department of Homeland Security announced Thursday criminal charges against three Guatemalan citizens accused of using false information to sponsor migrant children who crossed the U.S.-Mexico border without a parent or guardian.

According to an indictment filed in Ohio, Maritza Cahuec Coc allegedly submitted at least 12 sponsorship applications, several of which were filed under aliases or contained materially false statements intended to secure custody of the minors.

Under U.S. procedures, unaccompanied migrant children apprehended at the southern border are placed in the custody of the Department of Health and Human Services, which is responsible for their care until they can be released to a qualified sponsor, such as a parent or relative living in the United States.

Prosecutors allege that Cahuec Coc, who reportedly entered the United States illegally in 2018, received payments between late 2020 and 2023 for helping bring 12 migrant minors into the country. Authorities claim she submitted fraudulent documents and misleading information to obtain approval for the sponsorship requests.

The case was announced during a joint press conference led by Acting Deputy Attorney General Todd Blanche and Homeland Security Secretary Markwayne Mullin. However, officials provided limited details about the investigation and instead focused much of their remarks on criticizing immigration policies implemented under the previous administration.

Republican lawmakers and Trump administration officials have frequently pointed to the increase in unaccompanied migrant children arriving at the U.S.-Mexico border during President Joe Biden’s term, arguing that the government failed to adequately oversee their care and placement.

During Thursday’s briefing, A. Tysen Duva, Assistant Attorney General for the Justice Department’s Criminal Division, alleged that Cahuec Coc used the identities of other individuals and falsely claimed family relationships in order to obtain custody of the children.

“Maritza submitted sponsorship applications using other people’s identities and falsely represented that the minors were the children of close relatives in order to secure their release,” Duva said.

The case remains under investigation, and federal authorities have not yet disclosed additional information regarding the other two Guatemalan nationals charged in connection with the alleged scheme.

Continue Reading

Trending

Central News