Despegue REFORMS ESEN
up to date · reviewed Sep 2, 2026
The norm, in detail

How much must keep running during a strike

Ley 27.802, ss. 101 and 102 (Title VII), rewriting s. 24 of Ley 25.877
in forceNATIONAL Labor

Oil, gas and electricity become essential services with minimum 75% coverage during a strike; activities with export commitments, 50%.

What changed and who it applies to

What changed
The law draws up two lists of activities and sets a service floor for each for when industrial action is taken. For essential services, "under no circumstances may coverage below seventy-five per cent (75%) of the normal provision of the service in question be negotiated or imposed on the parties"; for activities of transcendental importance, "under no circumstances may coverage below fifty per cent (50%) be negotiated or imposed on the parties". Security forces may not fall below 100%. Essential services list (75%), eight subsections: childcare and education up to secondary level plus special education · health and hospital services, including the transport and distribution of medicines and hospital supplies and pharmacy services · "the production, transport, distribution and marketing of drinking water, gas, oil and other fuels and electricity" · telecommunications, including internet and satellite communications · waste collection · commercial aviation and air and port traffic control, including beaconing, dredging, mooring, stevedoring, unloading and vessel towing · cash transport · private security and guarding. Transcendental importance list (50%), nine subsections: sea and river transport of people and cargo, related services and "offshore operations" · customs and immigration services and others linked to foreign trade · production of medicines and hospital supplies · land and underground transport · radio and television · "continuous industrial activities, including steelmaking and aluminium production, the chemical industry and the cement industry" · the food industry across its whole value chain · banking, finance, hotels, restaurants and e-commerce · and "the production of goods and/or services of any activity committed to export obligations". A Guarantees Commission of five members, independent and autonomous, may propose adding an activity that is not on the lists. The procedure (paragraphs 24.1 to 24.6): once the mandatory conciliation of Ley 14.786 is exhausted and its fifteen days have run, whoever intends to take action must give five days' notice to the other party and to the authority; the following day the parties agree the minimum services before the authority, naming the staff involved, hours, duties and equipment; if they fail to do so or what they agree is insufficient, the authority sets them; and the public must be told through mass media 48 hours in advance. A national strike called by a union confederation is subject to the same rules. verif · Mar 6, 2026
In force
In force with the law, from 6 March 2026. The percentages and the two lists are self-executing. What does depend on a later rule is the Guarantees Commission: the law says it is made up of five members "as the regulation shall establish", so the route for adding an activity that is on neither list today is not open until that commission exists. verif · Mar 6, 2026
Are you in or out?
To anyone who depends on an operation not stopping: whoever runs it, whoever supplies it and whoever buys from it. In energy Argentina that is direct — the production, transport and distribution of gas, oil and electricity are named in the essential services list, the one with the higher floor. And for exporting mining, and for any industry with signed export commitments, the final subsection of the second list covers "the production of goods and/or services of any activity committed to export obligations". ⚠️ The fine boundary, worth stating because it is where the cases will be fought: the lists name activities, not companies. A service company working for a field does not itself produce or transport oil; whether its task falls within "the production" of an essential service is exactly what the text does not settle. On the other side, the worker and the union: the right to strike still stands, but in these activities it has a floor, five days' notice, a named list of who covers the minimum and public notice 48 hours ahead. verif · Mar 6, 2026
The norm
Ley 27.802 on labour modernisation, Title VII ("Amendments to ley N° 25.877 on the Labour Regime — Collective Labour Disputes"), sections 101 and 102. Enacted on 27 Feb 2026, promulgated by Decreto 137/2026 and published in the Boletín Oficial on 6 Mar 2026. verif · Mar 6, 2026

Our reading

thesis This section puts a number on a risk that until now was assessed by eye. Anyone weighing entry into Vaca Muerta or a mining project treated conflict risk as an open range — how many days of production are lost in a dispute? — and now the legal worst case for the core activity has a written floor: 75% of normal provision in hydrocarbons and energy, 50% where there are export commitments. It does not remove the dispute: it caps the damage and, above all, turns it into a number that can go into a model. ⇒ For the investor that shifts a variable in the risk discount for the country-activity pair; for the satellite supplier it shifts something more concrete still, because the client's continuity is its own revenue's continuity. ⚠️ What could break this reading, and it must be watched: first, a written floor is not an enforced floor — the law refers back to the usual penalties and creates no fast enforcement route; second, the Guarantees Commission does not yet exist; and third, the substantive constitutional challenge to the reform is still open, and the right to strike is constitutional ground. Until a large dispute has been resolved with this section in place, the number is written and untested. thesis

Where it lands, province by province4

Neuquén Vaca Muerta is gas and oil production and transport: it falls in the essential services list, with a 75% floor. It is the province where the section weighs most, because union conflict runs high and the production curve tolerates no stoppages. favorable thesis
Río Negro The same framing for the Río Negro energy corridor, and the export-commitment subsection additionally covers fruit growing that exports under contract. favorable thesis
San Juan Copper and gold mining is not named as such on either list, but production committed to export obligations is, and every project of that scale sells abroad. The likely framing is the 50% floor, not the 75% one. favorable thesis
Catamarca The same mechanism as San Juan for lithium: it enters through the export-commitment subsection, with a 50% floor. favorable thesis

The other rules on this subject19

The comprehensive labor reform is now lawLey 27.802 (Official Gazette, Mar 6, 2026, promulgated by Decreto 137/2026)in force
Hire formally for 4 years with employer contributions of 2%+3%Decreto 315/2026 (Official Gazette, May 4, 2026), Ley 27.802 Title XXin force
The labor reform lands: transparent pay slip, ARCA and the end of ultra-activityDecreto 407/2026 (Official Gazette, Jun 1, 2026)in force
Ley Bases: labor modernization and registered employmentLey 27.742, Titles IV-V (Decreto 847/2024); Title II Ch. IV (Decreto 695/2024)in force
The dismissal number, section by sectionLey 27.802, ss. 51 and 54 to 56 (Title I), rewriting ss. 245, 276 and 277 of the Ley de Contrato de Trabajoin force
Labor: the FAL replaces severance payDecreto 408/2026 (Official Gazette 06-01-2026)in force
Ignacio Aredez
Ignacio Aredez· Chief analyst
Credentials and track record →
  • 10+ years in data science for clients across Europe and the Americas
  • Certified in AI governance (ISO/IEC 42001)
  • Machine Learning (Google Cloud)
  • Registered expert with the European Commission
Write to us · free

Get on board the takeoff

Tell us what you are looking for and we will reply. This is what we work on: niches, trades, projects and rules — where to get in.

no spam we read every one
Which are you?
What are you looking for?
Tell us more
Your provinces empty = all
pick one or more
Fact sheet built on the published rule, with the gaps declared. Back to the reforms
How to read the seals →   verif primary source · prob primary source pending · unconf not sufficiently backed · estim our own calculation · thesis our reading