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Argentina’s Labor Chamber Strikes Down Milei’s Strike-Limiting Decree

It found that the decree bypassed Congress without a genuine emergency, leaving the executive to turn to the Supreme Court.

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La CGT había presentado una acción de amparo contra el DNU que limitaba el derecho a huelga.
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Overview

  • The Chamber of National Labor upheld Judge Moira Fullana’s ruling and declared articles 2 and 3 of DNU 340/2025 unconstitutional.
  • The contested measures had classified the merchant marine and other sectors as essential services, mandating 50–75% staffing during strikes.
  • Judges Silvia Pinto Varela and Héctor Guisado ruled that constitutional necessity and urgency criteria were unmet because Congress was in session and a bicameral commission failed to issue a timely review.
  • The court emphasized that only Congress may amend labor laws and ordered the national government to pay court costs and legal fees.
  • A Supreme Court review of the earlier DNU 70/2023 ruling remains pending as the National Executive prepares its appeal of DNU 340/2025.