Stability of curricular teachers of recognized private institutes or assigned to official education

Stabilit in times of normality and in times of the pandemic

Abstract

In times of pandemic, DNU No. 329/2020 (BO, 3/31/2020) of the national Executive Power was issued within the framework of the health emergency caused by the coronavirus and its extensions decided by DNU No. 487/2020 (BO, 19 / 5/2020) and DNU No. 624/2020 (BO, 7/29/2020) prohibited dismissals without just cause and for economic reasons and force majeure for a period of 60 days from the date of its publication in the Official Gazette, from March 31 to May 29, 2020, then until July 28 and later until September 26, 2020. A regime of own or absolute stability has been established for all private workers to those who reach these DNU, including private teachers of any level, curricular or not - but pro tempore, because it is limited to the closed period. The decision of the National Executive Power appears as constitutional and conventional, adequate to supra-legal norms that it cites itself and to other supra-referred ones, such as the jurisprudence of the CSJN and the IACHR. After the emergency and the validity of the DNU, the question is whether it will return for all private workers in Argentina to the system of improper relative stability or it will be possible to move to an intermediate one, such as the one that accompanies the private teachers mentioned since 1947, similar to that of the Spanish Workers' Statute in the case of unfair dismissal, or the exception of the DNU will become the rule.