Ley Bases: ATE asked the courts to declare the chapter on public employment unconstitutional

The Association of State Workers (ATE) On Wednesday he presented a complaint to the court lawsuit against the National Executive Branch so that it is declare the articles of the Bases Law that modify the Public Employment Law unconstitutional. The union requested a precautionary measure to “immediately” suspend its application and stop “arbitrary dismissals.”

According to a writing to which he had access Scope, the union that leads Rodolfo Aguiar filed a complaint with the National Labor Court the illegality of the implementation of the articles 11 of Law 25,164 (replaced by art. 52 of Law 27,742) and 14 of the same law, as well as its regulations (art. 51 of Decree 695/2024, which replaces art. 11 of Annex I of Decree 1421/2002).

The union assures that Its application affects the right to stability in public employment since arbitrary dismissals by the national government are allowed. “The Ley Bases annihilates the right to stability in public employment. The unconstitutionality of this rule is manifestis contrary to article 14 bis of the fundamental law of our nation,” said Aguiar.

“He switch to automatic availabilitywith the resulting reduction in wages and the loss of rights derived from the public employment relationship, generates a situation for the affected workers serious and irreparable harm “because they are deprived of their jobs and their income, finding themselves unable to provide for their families,” ATE denounced in the presentation.

ATE denounced that Javier Milei “is laying the foundations for the destruction of the State”

The lawsuit warns that Javier Milei’s government “is laying the foundations for the pulverization of public employment and the destruction of the State”the only body capable of providing effective responses to the social and economic contingencies of a crisis such as the current one, and the primary guarantor of the fundamental rights of those of us who live on the soil of the Nation.”

In addition, the document states that the Executive Branch is in open Violation of the National Constitution in its articles 1, 14 bis, 16, 17, 19, 28 and 75 paragraph 22 since it is “destroying the right to stability in public employment through arbitrary dismissals.” In response to this, the State Workers’ Union asked the Court to issue a precautionary measure not to innovate “in view of the effective implementation of the legal effects of the regulation in question.”

The document, which bears the signature of Aguiar and the legal team of ATE composed of lawyers Matías Cremonte and Mariana Amartino, denounces that the The contested rules “are unconstitutional and affect, with manifest illegality and arbitrariness, the constitutional rights of workers who work in the National State”who enjoy and have incorporated into their assets “the right to stability in public employment, to their administrative career, to their life project and who today find themselves with the loss, or certain and imminent threat of losing their rights, without any serious cause or justification.”

They ask to suspend the changes in public employment that were approved in the Bases law

Aguiar He questioned the “discretionality” available to the authorities in the State as employers to define the optimal staffing of an organization“We are tired of witnessing the mass dismissals that occur in the public administration almost every time a new mayor, governor, or president arrives,” he criticized.

The union leader asked that state employees not be used “as spoils of war by each political administration” and attacked the new regulations: “Evidently this subjective definition is not in keeping with the spirit that the constituents had when declaring the guarantee of stability in public employment. Someone like Milei, who told us that he loves to destroy the State, will consider that the optimal staffing is exceeded, even in the security box at the Casa Rosada, which has two employees.”

For this reason, Aguiar assured that “compliance with the Bases Law must be suspended in this part” and concluded: “That is why we have also requested a precautionary measure, because this regulation, just by being applied and without being revised, is beginning to seriously affect workers. Those who were declared unemployed are suffering a drastic reduction in wages, their rights are being cut and they are even losing their jobs.”

The union also submitted a request to the Secretariat for State Transformation, which is dependent on the Ministry of Deregulation and State Transformation, which is headed by Federico Sturzenegger, to report:

• The number of workers who are on permanent staff in the National Public Administration (broken down by agency with an indication of seniority, position, function and career level)
• The disengagement of permanent workers from the entire national public administration and its decentralized agencies from 12/26/2023 to date
• If there is a report on the “optimal staffing” of public employees in each organization.

In the lawsuit, ATE claimed that it is “legitimized to act in accordance with the provisions of Article 43 of the National Constitution”which grants active legitimacy to take legal action to individuals and associations in protection of subjective rights and, also, rights of collective incidence in general.” And requested to suspend the application of the new regulation.