Trade unionism will start a judicial offensive against the Bases Law and the fiscal package: the lawyers of the CGT and several important unions analyze, now with the texts of the laws approved in Congress, the presentation of protections to challenge certain articles as unconstitutional.
So far, the idea is that the complaints are not promoted by the CGT but by the unions: “We will respect the sovereign actions that each trade union organization has in its activity to defend their rights, beyond what the CGT as such can do,” he stated to Infobae the Cegetista Secretary of International Relations, Gerardo Martinez (UOCRA), who also warned: “Everything is enabled and we will know how to use it, as we did when we had to act as CGT.”
The unionist was thus referring to the challenge of the CGT against the Decree 70 before the Justice, barely began the government of Javier Milei, who determined that the Labor Justice declared the disability constitutional of 6 articles of the decree of necessity and urgency considering that “directly affected the interests and rights” of the CGT and the others corresponded to individual law.
“We maintain our sovereignty and No one ties our hands to speak and act in defense of the interests of our workers; That is why the slogan we have in the CGT is not one step back,” added Martínez, after which he pointed out: “Within the law, everything; “Outside the law, nothing.”
For his part, the leader of the Banking Association, Sergio Palazzo, deputy of Unión por la Patria, has already announced that the union that leads will challenge before the Justice the restitution of the Income Tax because “There is a fact that is very serious: they are generating a tribute with the vote of a single chamber.” And he added: “It is clear that there is a process that is unconstitutional.”
It is assumed that other unions whose members will suffer more salary deductions if the Income Tax is restored will also follow the same judicial path that the Banking Association, while lawyers from different unions are already in contact to Evaluate other articles of the labor chapter of the Bases Law which, they claim, “harm workers’ rights.”
As anticipated Infobae, When the Bases Law was approved by the Deputies at the end of March, the Cegetista lawyers already considered “unacceptable” the article that creates the figure of “independent worker” who can have up to 3 other “independent workers” in his charge to carry out a productive undertaking, but, in the opinion of the legal advisors of the unions, it enshrines the “de-laborization”, that is, lack of labor protection.
On this point there are broad coincidences between the CGT and the Autonomous CTA, whose Institute of Studies and Training (IEF) warned that these workers “they stop enjoying all labor rights; They lack paid vacations, bonuses, maternity, paternity or sick leave, and minimum wage.” “The initiative no longer considers them workers and, therefore, their relationship with the principal becomes regulated by the contract that between them they have signed, usually a service lease,” they emphasized in that labor union.
In the Labor Secretary, headed by Julio Cordero, tried to contain At the time, union claims against the figure of the “independent worker” that any problems that it might generate could be resolved by means of the regulatory decree of the Bases Law.
The CGT legal experts also object, among others, to the article that includes the “compensatory aggravation for dismissal motivated by a discriminatory act”, but, as they warn, it does not establish a “comprehensive reparation” for the unemployment and “does not determine reinstatement” of the worker.
Also in the spotlight is the article added by the Senate that penalizes blockades against companies Considering that these protests, which the Truck Drivers’ Union often resorts to, represent a “serious workplace injury”, that is, cause for justified dismissal.
On that particular topic there is a antecedent judicial to which union lawyers could appeal: one of the articles of DNU 70 considered invalid by the National Chamber of Labor considered as very serious violation blocking or taking over an establishment during a force measure and affect the freedom of those who want to work during a strike.
Will the CGT not pilot the judicial offensive because it is satisfied with the labor reform? The moderate sector, beyond the fact that it is not concerned about the “anti-blockades” article because it does not appeal to that type of protest, is satisfied because in its negotiations with the Government and the dialogue opposition it managed to 42 articles will be eliminated from the Base Law in tune with their claims.
The differences in the CGT were more evident in recent days: while Pablo Moyano I was fighting against the Bases Law, a dialogueist like Gerardo Martinez He gave a nod to the sanction of the initiative by saying in an interview with the newspaper Perfil: “I am one of those who thinks that The Government needs to have a law and show management mechanisms, which are not observed until now.” Another member of the dialogist wing like Andres Rodriguez (UPCN), deputy secretary of the CGT, specified that the content of the Bases Law and the fiscal package “we were negotiating it until temper its effects considerably, both with legislators and with the Government itself.”
