Bs. As., 18/10/95
VISTO Articles 103 and concordants of the Labour Contract Act (t. 1976); Decrees No. 1477 and 1478 of 14 December 1989 and Decree No. 333 of 3 March 1993; and
That by Decree No. 333/93 the differences between the concept of remuneration and the concept of social benefit have been clearly disregarded, thus recepting the dominant jurisprudence and ending the futile judicial dispendium caused by the lack of adequate regulation on the subject.
That the above-mentioned Decree No. 333/93 in article 1 (b) and (c) refers to lunch vouchers or food refunds and family basket food vouchers.
That the lunch vouchers have been awarded in our country for more than TREINTA (30) years, being today widely used through different borrowers.
That during such a long period the system has worked successfully and undoubtedly contributed to the improvement of the quality of life of its beneficiaries.
That, however, and in order to assure workers the effective enjoyment of the benefit and to avoid any kind of manoeuvre in their detriment, as well as that through the granting of the lunch voucher the legal and forecastal obligations are evaded, the proper regulation of their mechanics is necessary.
That, in merit of this, and with the dual purpose of maintaining the reliability of the system and ensuring the effective perception of the benefits by its recipients, it is desirable that the vending establishments of the food products have the possibility of verifying the identity of the user of the vouchers.
That, considering that in the case of the food vouchers of the family basket, the beneficiary is not only the worker himself but also his family group, and that it is customary for the purchase of food to be made by another member of the family, the presentation of a photocopy of the identity document of the employee holder of the payroll.
That the present is given in the use of the powers arising from article 99, paragraph 2, of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1. Companies that provide lunch vouchers and/or food in the family basket covered by Article 1 (b) and (c) of Decree No. 333/93 shall insert in the body of each voucher, in a pre-printed manner, the following data:
(a) Name, surname and number of the Unique Labour Identification Code (CUIL) of the beneficiary and indication that the beneficiary must display identity card before the establishment on the occasion of presenting the voucher.
(b) Surname and name or name of the employer and tax identification code number (CUIT).
(c) Name, address and telephone of the company supplier of vouchers.
(d) Nominal value of the voucher.
(e) Lap of validity, indicating date of emission and use.
(f) It should also include the following legend: "The exchange for money is prohibited. Such conduct may constitute a breach of work and give rise to disciplinary sanctions. The application of discounts or removals from any nature to the beneficiary is prohibited."Art. 2°. Lunch vouchers and family basket feeders should be printed with safety systems. Art. 3rd. MINISTERY OF WORK AND SECURITY SOCIAL as well as provincial bodies with similar powers will monitor compliance with the legal regime established by this regulation on each occasion when an inspection is conducted to employers.
In the event that breaches of the established legal regime are detected, the General Impositive Directorate will be informed.Art. 4°. The trade supplier of the products of the family food basket, restaurant, bar, confectionery, house of meals or other similar establishments that receive the corresponding vouchers shall seal these with their own stamp indicating their social reason, domicile and date it with the date of receipt. In all cases you must request display of the user's identity document. If the food voucher is used by a family member, it will have to display a photocopy of the required document. Art. 5°. Employees providing vouchers should communicate these provisions to the establishments incorporated into their system and control their compliance, informing the Ministry of Labour and Security SOCIAL any excess of normal and usual consumption, as well as any anomaly that allows to presume the incorrect use of the vouchers. Art. 6°. MINISTERY OF WORK AND SECURITY SOCIAL may modify, if necessary, the amount that is currently set at a maximum of PESOS QUINCE ($ 25) per working day per person, as an amount in lunch vouchers in order to avoid any kind of behavior that involves fraud in the labour legislation and/or attempts to denaturalize this social benefit. (Import replaced by art. 1 Resolution No. 1371/2007of the Ministry of Labour, Employment and Social Security B.O. 20/11/2007) Art. 7°. Please refer to article 4 of Decree No. 1478 of 14 December 1989. Art. 8°. MINISTERY OF WORK AND SECURITY SOCIAL may dictate the rules of clarification and interpretation necessary for the implementation of this Decree. Art. 9°. Contact, post, give to the National Directorate of the Official Register and archvese.. . Eduardo Bauzá. . José A. Caro Figueroa.