Argentine Court Blocks Education Clause in Milei Labor Reform
Argentine judiciary blocks labor reform clauses, safeguarding teachers’ right to strike and union autonomy.
Courts suspend mandatory teacher staffing during strikes. Photo: @LANACION
April 2, 2026 Hour: 3:14 am
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Judiciary suspends reform of mandatory staffing for teachers, upholding union rights.
Argentina’s courts have suspended a key provision in President Javier Milei’s labor reform that classified education as an “essential service,” effectively protecting teachers’ right to strike. The ruling follows earlier decisions invalidating 82 other articles of the reform.
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The National Labor Court No. 74, presided over by Judge José Ignacio Ramonet, halted Article 101 after a petition from the Unión Docentes Argentinos (UDA). The provision had required at least 75 percent of teaching staff to remain on duty during strikes.
Sergio Romero, president of UDA, said, “Essential is guaranteeing decent salaries and adequate conditions for the educational process and not restricting collective rights.” The ruling reinforces a broader injunction previously issued by National Labor Court No. 63, extending its protections to the education sector and preserving labor relations balance.
The suspension adds to a series of judicial checks on Milei’s La Libertad Avanza party, which has repeatedly attempted to curtail union rights. Earlier court decisions blocked the essentiality clauses in Decrees 70 and 340 and halted reforms under the Labor Modernization Law, including the removal of collective bargaining ultra-activity and limitations on union assemblies.
Courts also froze changes to severance payments that excluded bonuses and allowed dismissals to be paid in installments. These rulings collectively prevent significant reductions of historic labor rights and curb efforts to weaken unions.
Separately, Federal Court No. 2 in San MartĂn issued an injunction favoring the FederaciĂłn Argentina de Empleados de Comercio y Servicios (FAECYS), blocking enforcement of articles capping union contributions and restricting negotiation autonomy. Armando Cavalieri, FAECYS secretary general, called the decision “an act of justice against attempts to suffocate unions and erode historic rights under the guise of labor modernization.”
Observers interpret the essential service designation as a political tool to curb social protest. By mandating minimum staffing during strikes, the Milei administration seeks to limit union mobilization amid declining purchasing power and ongoing state restructuring.
These rulings reinforce Argentina’s judiciary as a key check on labor reforms perceived to undermine collective rights. For education and other unionized sectors, they reaffirm protections against measures that could restrict labor mobilization and weaken bargaining power.
Author: MK
Source: Agencies
