In a landmark ruling, Argentina’s National Labor Court struck down key articles of President Javier Milei’s decree that sought to restrict the right to strike by expanding “essential services.” The decision, hailed by the CGT and labor unions, reinforces constitutional protections and the separation of powers.

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In a significant judicial victory for labor rights, the Third National Labor Court of Argentina, led by Judge Moira Fullana, declared Articles 2 and 3 of President Javier Milei’s Decree of Necessity and Urgency (DNU) 340/2025 unconstitutional.

The decree had aimed to broaden the list of “essential services” and impose severe limitations on the right to strike, demanding that unions maintain up to 75% operational capacity during labor actions.

The ruling came in response to a legal challenge filed by the General Confederation of Labor (CGT), Argentina’s largest labor federation, which argued that the decree violated Article 99, Section 3 of the National Constitution, undermined the principle of separation of powers, and infringed on fundamental labor rights protected by Article 14 bis of the Constitution as well as international treaties like ILO Convention 87 and the American Convention on Human Rights.

Judge Fullana’s decision emphasized that the government failed to demonstrate the “strict exceptionality” and “urgency” required for the Executive Branch to bypass Congress. At the time the decree was issued, Parliament was in session, rendering the “urgency” justification invalid. The court’s ruling not only nullifies the contested articles but also sets a precedent limiting the Executive’s ability to legislate on labor matters through decrees.

Decree 340/2025 had extended the category of essential services to include sectors such as maritime transport, education, food industry, construction, and others, imposing obligations on workers to maintain high service levels even during strikes.

#AHORA

Tras la suspensión, la Justicia declaró inconstitucional parte del Decreto 340 que limitaba el derecho de huelga.#InfoGremiales #periodismosindical https://t.co/IY1nG9mvPs

— InfoGremiales (@InfoGremiales) June 30, 2025

The text reads: Following the suspension, the court declared part of Decree 340 that limited the right to strike unconstitutional.

This move was widely condemned by unions and civil society organizations as an attempt to effectively outlaw the right to strike and weaken collective bargaining power.

The CGT, along with the two branches of the Argentine Workers’ Central Union (CTA), welcomed the ruling as a reaffirmation of workers’ rights and a rebuke of neoliberal policies that seek to dismantle labor protections. The unions had previously secured provisional suspensions of the decree’s articles and mobilized nationwide protests against Milei’s labor reforms.

The court’s decision marks the latest setback for President Milei’s aggressive agenda to deregulate labor laws and curtail union power. Since taking office in December 2023, Milei has pursued sweeping economic reforms, including attempts to restrict the right to strike through executive decrees, which have been met with sustained resistance from Argentina’s organized labor movement.

This ruling reinforces constitutional safeguards and the separation of powers, underscoring the judiciary’s role in protecting democratic rights against executive overreach. It also energizes the labor movement, which continues to defend social justice and workers’ dignity amid ongoing political and economic challenges.

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