The National Labor Court, with the favorable votes of doctors Gabriel de Vedia, Mario Fera and Roberto Pompa, decided to grant the precautionary measure that obliges the National Government and the Tax Collection and Customs Control Agency (ARCA), formerly known as AFIP, to refrain from adopting any measure that endangers the job stability of the employees and officials of the tax collection agency.
In this way, the Court's Holiday Chamber issued interlocutory judgment No. 28 in Case No. 49614/2024, responding to a claim filed by the AEFIP and SUPARA unions.
According to the case, in response to the lower court's rejection of the precautionary measure requested by the union AEFIP and SUPARA, they filed an appeal before the National Chamber of Appeals for Labor -Sala Feria-, arguing that the requested precautionary measure was rejected arbitrarily, since, contrary to what was maintained by the original judge, the request was not premature due to "non-existence of a case." The ultimate objective of the precautionary measure is the protection of the guarantee -both constitutional and conventional- of job stability for those represented.
The text refers to a current controversy over the guarantee of job stability for workers represented by AEFIP and SUPARA. The unions argue that this guarantee, enshrined in current regulations, should not become illusory due to the actions of the administrative power. The union representatives warn that there is a real and concrete danger that job stability will be undermined by mass layoffs, already officially announced. In this context, the requested precautionary measure seeks to prevent the damage before it materializes.
The legal grounds for the claim include articles of the National Constitution, the ILO and Law 23.551, which protect the rights of union representation and respect for collective agreements. In addition, it is noted that the decision on the dismissals was not analyzed in terms of a possible discriminatory motive.
For his part, Dr. Mario Fera agreed with his colleague Gabriel de Vedia that the plaintiff's legitimacy is sufficiently demonstrated, which allows considering the existence of a "case" in accordance with the doctrine of the Supreme Court of Justice of the Nation, especially following the "Halabi" ruling. However, in relation to the request for the precautionary measure, Dr. Fera disagreed, considering that the circumstances raised require a broader debate and do not justify the precautionary intervention at that time. The lack of plausibility of the right and the danger in the delay, added to the exceptional nature of the precautionary measures, led him to conclude that the requirements for ordering a judicial action that would affect another Branch of the State were not met.
In light of this scenario, Dr. Roberto Pompa sided with Dr. Gabriel de Vedia regarding the dissent presented, citing article 125, second part, of Law 18.345. As a result, the Court decided to revoke the appealed judgment and grant the requested precautionary measure, ordering the National Executive Branch and the Customs Collection and Control Agency to refrain from taking measures that contravene or violate the guarantee of job stability established in CCT 56/92, Ruling 16/92 and the CCT approved by Ruling 15/91, signed by SUPARA and AEFIP.
In this regard, the interlocutory judgment issued by the first instance judge dated 30/12/2024, which rejected the precautionary measure, was revoked by the National Chamber of Labor Appeals - Fair Chamber -, ordering it to be granted.
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