Overview

• Ruling in Boulanger v. Provincia ART (TSJ 87.079), the TSJ of CABA overturned a Labor Chamber order that used the CER and reinstated RIPTE as the updating index.
• The court grounded its decision in DNU 669/2019, which remains in force after being sent to Congress without rejection, and found insufficient justification to disregard it.
• The move follows the Supreme Court’s Levinas precedent, which recognized the TSJ’s authority to review national labor-court rulings seated in the city.
• By setting RIPTE, the tribunal establishes a uniform criterion that generally produces lower adjustments than CER or Banco Nación active-rate calculations previously used.
• Roughly 1,900 labor matters are pending before the TSJ and are expected to be resolved under this doctrine, with Clarín reporting one dissenting vote by Judge Alicia Ruiz.