The recent labor reform in Argentina, which was approved by the government in late February, encountered its first judicial setback when a judge in Córdoba ruled that Article 55 is unconstitutional. Judge Ricardo Giletta from the Labor Chamber declared that the article creates an arbitrary distinction between workers depending on whether their claims are ongoing or initiated after the law's enactment. This ruling underscores significant concerns regarding equal treatment under the law.

Article 55 of the labor reform outlines the mechanisms for updating labor credits, stipulating different processes for workers whose legal actions were initiated before and after the law came into force. For claims initiated post-enactment, it prescribes an update based on the Consumer Price Index (IPC) plus an additional 3% interest. However, the judge argued that this differentiation violates the constitutional principle of equality, which mandates that all citizens should receive equal treatment under the law.

This ruling highlights the ongoing tensions between labor reform initiatives and the judiciary in Argentina, as well as the potential implications for future labor laws and the rights of workers. As this case progresses, it may influence public opinion and political actions regarding how labor reforms are approached and implemented in the country, particularly in ensuring fairness and equity for all employees across different situations.