This is the second time the far-right president has attempted to eliminate this right via decree.

On Monday, National Labor Court No. 3 granted a preliminary injunction requested by the Association of State Workers (ATE), temporarily suspending the enforcement of an article in a decree signed by President Javier Milei that limited the right to strike for workers in various sectors.

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Judge Moira Fullana halted the enforcement of Article 3 of Decree 340/2025, arguing that it could violate constitutional guarantees such as union freedom and the right to strike, which are protected by Argentina’s Constitution and international treaties the country has signed.

“The enactment of the challenged regulation could infringe on the exercise of rights derived from union freedom,” she stated in her ruling, warning that its enforcement could result in “irreparable harm.”

The ruling concerns the decree’s article requiring between 50% and 75% of normal services to be maintained in essential sectors, even during labor disputes. The suspension will remain in effect until a final judgment is issued on the matter.

The text reads, “The courts suspended Milei’s decree prohibiting strikes. The right to strike is enshrined in the Constitution. Milei tried to limit it through a decree. Javier, you’re not a king! For now, you’re just a very bad president.”

The court’s decision came 10 days after ATE filed a legal injunction challenging the constitutionality of the decree, accusing the Milei administration of an “attempt to outlaw the right to strike.”

“The right to strike is our most important right. If they take it away, workers are left with nothing,” said ATE Secretary Rodolfo Aguiar.

Milei’s decree modifies existing labor regulations by expanding the list of services classified as essential and introducing a new category called “activities or services of transcendental importance.” Added to the list of essential services were all branches of maritime and river transport, customs and immigration services, and education at all levels.

Under the new “transcendental activities” category, the decree included the production of medications and/or hospital supplies, land and subway transportation, radio and television, industrial activities, the food industry, the production and distribution of construction materials, all airport services, logistics services, mining, the meatpacking industry, postal services, and the distribution and sale of food and beverages, among others.

The initial attempt to curtail the right to strike had already been included in a sweeping deregulation decree signed by Milei shortly after taking office in December 2023. That effort, however, was declared unconstitutional by the Argentine judiciary.

teleSUR/ JF

Source: EFE

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