Public Emergency Law Nro. 25561 - Prorrogase Articles - Full Text Of The Norm

Original Language Title: EMERGENCIA PUBLICA LEY NRO. 25561 - PRORROGASE ARTICULOS - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
PUBLIC EMERGENCY Law 25.972 Protract the time limit referred to in article 1 of Law No. 25.561, which declared the public emergency in social, economic, administrative, financial and exchange matters and its amendments. Please also provide for the provisions of Supplementary Act No. 25,790, the state of national health emergency provided for in Decree No. 486/2002 and the suspension of unjustified dismissals established by article 16 of Act No. 25,561 and its amendments, until the unemployment rate prepared by INDEC is less than 10 per cent. It should be noted that in cases of concursal, judicial or extrajudicial agreements approved in the terms of the Nros Acts. 24.522, 25.561, 25.563, 25,589 and their extensions, the justice rate will be calculated on the final amount of the same and that the AFIP will grant mechanisms for the extension of payment deadlines for such rates, up to 10 years. Sanctioned: November 24, 2004 Enacted: December 15, 2004

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Protract in the terms of this Act, until 31 December 2005, the time limit referred to in article 1 of Act No. 25,561 and its amendments. The provisions of the Supplementary Act No. 25,790 and the state of national health emergency provided for by Decree No. 486/ 02, as well as their supplementary and amendment provisions, including the deadlines set by Decree No. 756/04, shall be equally extended. In cases of concursal, judicial or extrajudicial agreements approved in the terms of the Nros Acts. 24.522, 25.561, 25.563, 25,589 and their extensions, the justice rate will be calculated on the final amount of the same, up to 0.75% and 0.25% respectively.

The Federal Public Income Administration .AFIP. will have to grant extensions and/or extension mechanisms for the payment of the rates of justice determined by this law until a period of TEN (10) years.

Invite the provinces to establish the decrease in their respective tax regimes in respect of the rate of justice in the same way as the previous rule.

ARTICLE 2 Please provide the national executive branch with a view to declaring the total or partial cessation of the state of public emergency in one, some and/or all matters covered by the first paragraph of article 1 of Act No. 25,561 and its amendments, as well as in one, some and/or all the bases listed in subparagraphs (1) to (4) of the above-mentioned article, when the favourable evolution of the matter so advises. ARTICLE 3 The Bicameral Monitoring Commission established by article 20 of Act No. 25,561 and its amendments, and the national executive branch shall produce, as at 30 June 2005, a joint report on the evolution of the state of emergency declared in article 1 of that legal body. ARTICLE 4 Protract the suspension of dismissals without justified cause provided for in article 16 of Act No. 25.561 and its amendments, until the unemployment rate developed by the National Institute of Statistics and Census (INDEC) is less than TEN BY SCIENTI (10%).

In the event of dismissals in contravention of such suspension, employers shall pay to the workers concerned the additional percentage established by the national executive branch, for compensation in accordance with article 245 of the Labour Contract Act No. 20,744 (t. 1976) and its amendments.

This provision shall not apply to employers in respect of contracts entered into in relation to dependency, under the terms of the Employment Contract Act No. 20,744 (t. 1976) and its amendments, beginning on 1 January 2003, provided that they involve an increase in the total workforce that the employer owned as at 31 December 2002.

(Note Infoleg: by art. 1 Decree No. 1224/2007 B.O. 11/9/2007 the condition provided for in the first paragraph of this article is declared fulfilled (Note Infoleg: By art. 1 Decree No. 1433/2005 B.O. 23/11/2005 The additional provided for in the second paragraph of this article was set at 50 per cent. Watch: from 1 December 2005. Previous additional percentage: 80% (art. 1 Decree No. 2014/2004 B.O. 7/1/2005) ARTICLE 5° This law shall enter into force from the day after its publication in the Official Gazette. ARTICLE 6 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTICUATRO DIAS OF THE MONTH OF NOVEMBRE DE DOS MIL CUATRO.

# 25,972

EDUARDO O. CHANGE. A. GUINLE. . Eduardo D. Rollano. . Juan Estrada.