President Javier Milei’s government has introduced new limits on the right to strike, substantially expanding the list of essential services that must be guaranteed in the event of labour action.
The move, introduced by emergency Decree 340/2025 and published in the Official Gazette, is the latest in a series of controversial measures by President Milei, who has faced several major strikes since taking office in December 2023.
The presidential decree significantly extends the list of services considered essential, extending protections in areas like health, transport, education and telecommunications.
Previously, legislation only recognised health and hospital services, the production and distribution of drinking water and electricity, telephone services and air traffic control as essential services.
Providers of essential services and activities, the decree says, must provide between 50 and 75 percent of normal coverage during industrial action.
“Collective conflicts that could affect the normal provision of essential services or activities of transcendental importance are subject to the following minimum service guarantees,” reads the third article of the decree.
“With regard to the provision of minimum services, in the case of essential services, in no case may the parties negotiate or impose on the parties a coverage of less than 75 percent of the normal provision of the service in question,” reads the text of the decree. “In the case of activities or services of transcendental importance, in no case may less than 50 percent coverage be negotiated or imposed on the parties.”
The resolution issuing the decree was signed by President Milei and ministers Gerardo Werthein (Foreign Affairs), Luis Petri (Defence), Luis Caputo (Economy), Mariano Cúneo Libarona (Justice), Patricia Bullrich (Security), Mario Lugones (Health), Sandra Pettovello (Human Capital) and Federico Sturzenegger ( Deregulation & State Transformation).
List of essential services
– Health and hospital services.
– The transport and distribution of medicines and hospital supplies.
– Pharmaceutical services.
– Production, transport, distribution and marketing of drinking water, gas, other fuels and electricity.
– Telecommunications services, including Internet and satellite communications.
– Commercial aeronautics and air and port traffic control, including beaconing, dredging, mooring, stevedoring, ship towing and other port services.
– Customs and immigration services and other services related to foreign trade.
– Childcare and education at nursery, pre-school, primary, secondary and special education levels.
– Maritime and river transport of people, goods and cargo, together with related services and offshore operations.
– TIMES/PERFIL
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