The second term of the current government has begun. It was last Wednesday, December 10th. The first battle is already looming on the horizon: the labor reform law. In this scenario, the faded CGT and decadent Peronism are preparing their soldiers. These are the usual opponents that the government wants to defeat. But that’s not all, because there is one actor who appeared on the scene on Friday and caused a stir: the Association of Magistrates and Officials of the National Justice. The association expressed sharp criticism of the draft law and pointed out in a statement that it contained, among other things, articles aimed at dissolving the labor courts. These items are actually 90 and 91.
Article 90 of the project states: “Judges resolving labor law cases must necessarily adapt their decisions to the precedents established by the Supreme Court of the Nation in this matter. The unjustified departure of judges from these criteria constitutes a reason for poor performance of their duties.”
Article 91 speaks of the “temporary validity of the National Labor Justice. The National Labor Justice remains valid until the agreement on the transfer of powers of the National Labor Justice between the Nation and the Government of the Autonomous City of Buenos Aires is implemented. Once this agreement is formalized, the necessary measures for its gradual dissolution will be taken in accordance with the provisions and deadlines resulting from these instruments.”
Authoritarians don’t like that
The practice of professional and critical journalism is a mainstay of democracy. That is why it bothers those who believe that they are the owners of the truth.
The government should heed this warning from the judges, who have indicated that they are on alert. It must be remembered that judges have the final say on the constitutionality of laws, that is, in short, on their legality and therefore their validity. As an example, recall that in June 2013 the Supreme Court declared unconstitutional the bill that convicted former President Cristina Fernández de Kirchner sought to submit to the judiciary.
The court question will give even more material to cut. A first objective that should not be forgotten is the need to fill the two vacancies on the Supreme Court. Added to this is the urgent need to fill existing vacancies in all jurisdictions.
Meanwhile, the political thread continues. La Libertad Avanza is confident that it will have 33 guaranteed votes for the first legislative stop in the Senate: in addition to its 19 senators and the support of Luis Juez, there are also the ten for radicalism and the three for the PRO. He also relies on the support he received in his first term: the two missionaries Espínola from Corrientes and Ávila from Tucumán. Thus, the government would be guaranteed the average sanction in the area where it has the lowest specific weight. In the ruling party they repeat a kind of slogan like a mantra: “The rights of workers will not be affected; they will be reorganized to have clear rules without abuses and with less union bureaucracy.” On this last point, reality shows otherwise. The government has not made full efforts to dismantle the union caste. The solidarity contribution that all employees now pay as a contribution to the unions, even if they are not affiliated with a union, remains in force. It is one of the sources of income for the union establishment, which is most deeply rooted in the old system. The libertarians also accepted that the unions with legal status are the ones who must sign the agreements on a per-company basis.
The question is simple: why are such privileges maintained in a new phase of “work modernization”? In the government, they justify themselves by listing the progress of the new law and assure that the “legislative package for the re-foundation of Argentina” goes far beyond the fight with the unions. “We will end the testing industry and reduce labor costs so that both SMEs and large companies can hire more people without fear of being defunded,” they say. That’s true, but it’s also true that the government and the unions are exaggerating their positions to provide themselves with fodder. Forms must be maintained.
Even if the CGT has not faltered so far, it will take to the streets against Javier Milei’s labor reform. The mobilization will take place on December 18 in the direction of Plaza de Mayo and is part of a battle plan that will include “gradual measures” against the government and the idea of merging the two CTAs and the social movements. The show must go on. In a 30-year-old union leadership, the idea of “winning on the streets” as a show of force still prevails. The CGT expects around 150,000 demonstrators to gather in the Plaza de Mayo. Gerardo Martínez (Uocra) said: “We will analyze a program of action. A phase of resistance begins. Nothing is excluded, we hope that we can create a critical mass. Anything can happen.” Especially the wrong epic. As in the old days of Kirchnerism, which, by the way, is ready to conspire inside and outside the legislative palace. The first votes from this force pointed out that the May Council – the advisory body that worked on the legislative package – was non-binding and asserted that “the business community and a handful of liberals must not, with the stroke of a pen, erase the historic achievements of workers in the labor market.” Who really cares about protecting and creating jobs? If everything goes as most serious analysts expect, increasing formal work should be a goal defended by all. As always, it costs too much to give up the privileges that have made Argentina an unprofitable country for many years.
About The Author
