Final ruling awaited on constitutionality of emergency decree attempting to expand list of essential activities in the context of collective conflicts

At a glance

• An Emergency Decree No. 340 / 2025 (DNU) was published in the Official Gazette on 21 May 2025. 
• The DNU expands the list of activities considered to be essential in the context of collective conflicts.
• The DNU has been challenged on the basis of it being unconstitutional.
• Certain provisions are now suspended, pending a final ruling by the Supreme Court of Justice.

A recent regulation – the DNU - has aimed to bring significant changes to the labour framework. It was published in the Official Gazette on 21 May 2025. 

Through this decree, the national government has expanded the list of activities considered essential and of transcendental importance in the context of collective conflicts. It now includes maritime and / or river navigation for the commercial transport of people; goods; cargo; related services; and offshore operations, through the various means used for that purpose.

However, on 26 May 2025, the General Confederation of Labour (CGT) filed a judicial injunction to suspend the DNU, arguing that the measure is unconstitutional. The CGT maintains that it violates not only the National Constitution (section 14 bis) but also international treaties, since the minimum service levels imposed effectively prevent the legitimate exercise of the right to strike.

The CGT acted on behalf of the collective of workers, meaning that the legal action was brought in the name of all workers in the country.

Among the main arguments presented by the CGT to express its rejection of the DNU are that it is: 

• A direct attack to the right to strike.
• A violation of the National Constitution and international treaties.
• An unconstitutional use of the DNU and harmful to collective bargaining.

Accordingly, on 2 June 2025, the National Labour Appeals Chamber provisionally suspended sections 2 and 3 of the DNU until a final judgment is issued on the matter.

This decision was appealed by the national government and the final outcome of this decision is now in the hands of the Supreme Court of Justice.