UNEMPLOYMENT BENEFIT AS A STATE MEASURE FOR THE PROTECTION OF WORKERS

Abstract

The article examines the effectiveness of the “unemployment compensation”, based on the decision rendered by the Supreme Court of Justice in the Patterer, Susana Alicia v. Estado Nacional on Amparo^[1]  “Patterer, Susana Alicia c/ Estado Nacional s/ Amparo” case. In said ruling, the Emergency (Executive) Order Nº267/2006 [Decreto de Necesidad y Urgencia Nº267/2006] that establishes the amount of earnings to be received by unemployed workers, known as “unemployment assistance or compensation” was declared unconstitutional by the Highest Court. In said decision, the Supreme Court of Justice of Argentina examines the government lack of protection towards unemployed workers, and shows that the benefit granted by Act 24.013 [Ley 24.013] (National Labour Law) is ineffective compared to the provisions that gave rise to it, such as section 14 bis of the National Constitution of Argentina and Human Rights treaties with constitutional hierarchy (section 75, subsection 22 of the National Constitution of Argentina).Moreover, government fails to implement measures that give some sort of answer to the “unemployed”.