Court strikes down Milei decree restricting right to strike

A labour court has declared unconstitutional a decree issued by President Javier Milei that restricted the right to strike for several sectors by classifying them as essential services

According to a ruling released on Monday, the National Labour Court ruled that the conditions of “strict exceptionality” required for the Executive to assume powers belonging to Congress were not met.

The Confederación General del Trabajo (General Confederation of Labour, CGT) umbrella union grouping had filed a legal challenge against the presidential decree, arguing it violated labour statutes and the constitutional right to strike.

Milei's decree expanded the list of essential activities, which are required to maintain specific level of services during industrial action.

The court questioned whether the decree met the criteria of “necessity and urgency” required by law, particularly given that it was issued while Congress was in session – meaning the Executive could have submitted a bill for legislative debate, rather than issuing a decree.

“There are no exceptional circumstances or situations of necessity and urgency that would have prevented the constitutional process for enacting legislation,” wrote Judge Moira Fullana as she struck down the measure.

The courts had already suspended implementation of the decree and have now ruled on its substance, declaring it void on constitutional grounds.

The decree also introduced a new category of “services of transcendental importance,” which included passenger transport, construction, the food industry and gastronomy – all of which were also subjected to strike limitations.

Upon taking office in December 2023, Milei had issued a sweeping presidential decree that included similar labour measures. That order was suspended by the courts in August 2024 for being unconstitutional – a decision still pending review by the Supreme Court.

Judge Fullana is the same magistrate who last week suspended another Executive measure that eliminated a public holiday for national civil servants — a benefit still enjoyed by most other sectors, but labelled a “privilege” by the government.