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:
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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.”
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.
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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.”
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.”
The new truce plan in Gaza includes “many demands” from Hamas, according to an Egyptian source
The talks held between delegations from Egypt and Israel in Tel Aviv for a truce in Gaza were “largely positive and successful” and included “many of the demands” of the Islamist movement Hamas, an Egyptian security source familiar with the negotiations and another from Hamas reported to EFE on Sunday.
A delegation from Hamas, headed by the member of the political bureau Khalil al-The Hague, is expected to arrive tomorrow in Cairo, mediator in the conflict between Israel and the Palestinian group, to deliver its response to the mediators, according to the Egyptian source, which asked not to be identified by the sensitivity of this issue.
This new proposal, on whose content it did not provide details, “overcomes the obstacles that hinder” the declaration of a truce, a ceasefire, the exchange of prisoners and hostages, as well as the entry of aid into the Gaza Strip.
The possible announcement of a truce “will contribute to the approval of a first phase and to the efforts of the entire international community to consolidate this ceasefire and seek to move to a permanent truce instead of a temporary one,” according to the informant.
On the other hand, a source of the Palestinian Islamist movement, which also asked for anonymity, confirmed to EFE that tomorrow a delegation from Hamas will arrive in the Egyptian capital to present its response to the new Israeli proposal.
The informant added that the proposal includes “reducing the minimum number of kidnapped that Hamas will commit to freeing and eliminating divisions in sections of the Gaza Strip.”
Last Friday, an Egyptian mediating delegation traveled to Tel Aviv to discuss this truce with Israel, while the Jewish State has warned that it will not allow the Palestinian group to delay and has once again threatened to invade Rafah, at the southern end of the strip and where more than a million refugees are overcrowded.
Hamas warns the United Kingdom that if it sends soldiers to Gaza they will be a “legitimate” military target
The Palestinian Islamist group Hamas warned the United Kingdom on Sunday that if it deploys military personnel in the Gaza Strip, after information that they could help in the distribution of humanitarian aid, they will be “legitimate targets” of its armed wing.
“We alert Britain, or any other country, against the deployment of forces on land or on the coast of the Gaza Strip and affirm that they will be legitimate targets for our people and their resistance,” Hamas said in a statement.
The armed group charged against any initiative in the Palestinian enclave that does not have its approval.
The Islamist group responded to the information released on Saturday by the British network BBC, according to which the British Armed Forces could deploy troops to deliver humanitarian aid on the ground arriving in Gaza through the new floating dock that is being built by Israel and the United States.
The public broadcaster indicated that the United Kingdom could be the intermediary to which the United States referred when it said that it would not be the American soldiers, but others, who would distribute the food packages sent by ship from Cyprus and then transferred to Gaza.
Yesterday, the Israeli Army assured at a press conference with international media that international organizations would be in charge of the distribution of humanitarian aid, but did not indicate which ones would have agreed to collaborate.
Although the British Government has not confirmed the news, the BBC affirms, according to anonymous sources, that the Ministry of Defense is considering getting involved with ‘wet boots’ on the ground.
The possible role of the British forces would involve driving the trucks with the help from the landing boats on the floating runway, hundreds of meters long, and delivering it to a safe distribution area on dry land, the station explained.
The London Ministry of Defense reported on Friday, in turn, that the British Navy auxiliary ship RFA Cardigan Bay set sail from Cyprus to provide support for the construction of the temporary dock, which is led by the United States.
This ship will provide accommodation for hundreds of American sailors and soldiers, about whom Washington has made it clear that they will not set foot in Gaza territory.
Nancy Pelosi says that Netanyahu “could not have made things worse” in Gaza
Former President of the United States House of Representatives Nancy Pelosi said that the Prime Minister of Israel, Benjamin Netanyahu, “could not have made things worse” in the conflict in Gaza, in an interview broadcast this Sunday by the BBC.
Pelosi, who on Thursday participated in an event at the English university of Oxford, told the ‘Laura Kuenssberg Program’ that Netanyahu “was never a peace agent” and admitted that she “is not a great fan of his.”
The congresswoman said that what is happening in the Strip “challenges the conscience of the world” and maintained that the impact of famine on children “is almost unforgivable”, while calling the Hamas attack on Israeli territory on October 7 “barbaric”.
“Israel has the right to defend itself, but the way it is doing it is a challenge because Netanyahu has never been a peace agent,” he said.
“I’m not a great admirer of yours; I couldn’t have done things worse than those tens of thousands, or whatever number it is, of dead people, malnourished children and the uncertainty that exists… and that’s what people are talking about,” he said.
Asked if she understood why young people in the United States used controversial tactics when protesting against the conflict, Pelosi opined that “when they go beyond the campuses and block the Golden Gate Bridge, or something else, for a long time, and people can’t go to the doctor or the hospital or anything urgent in their lives, they don’t get support.”
But he added: “How can demonstrations on (university) campuses be criticized? That’s a way of life in the United States.”
On Thursday, the British police evicted two pro-Palestinian protesters who protested during their speech on populism to students from the University of Oxford, while abroad another group criticized her for her defense of Israel and her position on the movement to support Palestine.
