Buenos Aires, March 27 (NA) – Federal Justice of San Martín suspended the application of two articles of the Labor Modernization Law in the commerce sector, by granting a precautionary measure requested by the local union.
The ruling was issued in the context of an amparo action filed by the San Martín Commercial Employees' Union against the National State, challenging articles 131 and 133 of Law 27.802.
The ruling ordered the suspension of these provisions with respect to Collective Bargaining Agreement 130/75 and other related agreements, while also ordering the Executive Branch to refrain from applying them in that area.
According to the ruling accessed by the Argentine News Agency, the precautionary measure also establishes that all conventional clauses, both normative and obligatory, including those related to union dues, must remain in force.
The union's argument warned that the application of the norm could affect the continuity of collective agreements and reduce the resources of trade union organizations, especially due to the 2% cap on contributions.
The court considered that there are sufficient elements to consider the verisimilitude of the invoked right as well as the risk of imminent damage due to the expiration of the parity agreement scheduled for March 31.
Similarly, it assessed that the entry into force of the challenged articles could directly impact union funding and the provision of social and health services.
The measure will be in effect for six months and is issued while the constitutionality of the challenged articles is being resolved.
