On 21 May 2025, the Argentinian government passed decree 340/25 imposing restrictions on the right to strike in the sectors of transport, education, and health. Classifying these as essential activities, the decree obliges trade unions to guarantee a minimum of 50-75% of services to continue in the event of a strike. This means that strikes in these sectors are restricted to 25% of the activities. The decree was drafted for a specific activity of the Merchant Navy, but through one of its articles modifies Labor Reform Law 25,877, which covers all areas of work. The decree violates Article 14 of the National Consitution, ILO Convention No. 87, and the considerations of the Inter-American Commission on Human Rights that limits the scope of so-called essential services, for which strike restrictions may be imposed. Education and transportation, with the exception of air traffic controllers, are therefore not considered essential services and such restrictions may be imposed on the right to strike in these sectors. The decree also violates Law 14.250 which established collective bargaining instruments and defines the processes by which the state my limit the constitutional right to strike. The restriction is therefore an illegitimate limitation of the fundamental rights of workers, particularly in transport, the public sector and education, affecting trade union organizations that have a long history in the country and are highly representative.
The decree follows previous attempts of the Argentinian government to limit the right to strike, which were dismissed by the National Labor Appeals Chamber in 2024. By including more activities as “essential” through the current decree, the exercise of the right to strike of more and more workers is limited, something that in the current context of economic crisis and undermining of purchasing power threatens the capacity of organized workers to act. Likewise, the violation of this decree threatens the trade union status of organizations, including the possibility of state interference or their dissolution.
In response to the decree, Argentinian unions, on behalf of the Association of State Workers, have filed a court injunction against the Executive Branch. The unions will also submit the complaint to the ILO Committee on Freedom of Association during its International Labour Conference No. 113, scheduled to start on 2 June 2025. If not halted, the decree risks a serious deterioration of the enabling environment in Argentina, particularly affecting freedoms of assembly and association.