Bs. As., 16/2/96
VISTO Act No. 20,744 and its amendments No. 23,789 and No. 24,487 and
Article 240 of Act No. 20,744 provides that the termination of the employment contract for the worker ' s resignation must be formalized through offices to be issued free of charge by the post offices.
That article 57 of the above-mentioned rule determines the presumption against the employer arising from his silence in the face of the intention made by the worker in a fruitful manner concerning the performance or non-compliance with the obligations arising from the employment contract.
That Law No. 23,789 in its article 1 extends the freeness of the telegram service and letter document in favour of dependent, retired and pensioned workers in relation to other communications whose scope is determined in its article 2o.
Article 2 of the Act No. 24,487 empowers the NATIONAL EXECUTIVE POWER to regulate the telegram service and a document provided for in Law No. 23,789, determining the assumptions of use of one or another means of written communication.
That the cost of the services is met with the resources of the National Treasury, constituted a significant erogation that needs to be ordered in order to rationalize public spending without prejudice to preserving the principle of freeness for dependent, retired and pensioned workers with the scope of Article 2 of Law No. 23,789.
That the billing of services provided in accordance with the provisions of Act No. 23,789 has a significant impact on telegrams dispatched by dependent workers, in particular those originated in the communication of renunciation of employment.
It is appropriate to incorporate into the text of the communication certain data that will provide the monitoring agencies with the verification of compliance with labour, forecast and tax obligations by employers.
That the telegram postal service provided for in Laws No. 23,789 and 24,487 possesses the status of a federal instrument.
That this Decree is issued by virtue of the powers conferred by art. 99 inc. 2 of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 El The telegram service provided for in Act No. 23,789 shall be provided in accordance with the modalities detailed in Annex I. Art. 2o El The price of such service by the State for each piece delivered to the recipient shall not exceed CINCO (5) times the base value of the franking of a simple letter. Art. 3o al Fill out the MINISTERY OF WORK AND SECURITY SOCIAL as the Implementing Authority of Law No. 24,487, to dictate the supplementary regulation of this Decree as it deems necessary as well as to agree on the modalities of the service provided for in Law No. 23,789. Art. 4o . The present will take effect from the day after its publication in the Official Gazette. Art. 5o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Eduardo Bauzá. . José A. Caro Figueroa. . Domingo F. Cavallo.
I. El The Telegram Service provided for in Law No. 23,789 shall consist of a free postal shipment for the sender that is delivered to the Official Posting Company for registration by computer system, transfer and distribution, with control throughout its journey.
The Official Posting Company shall keep the registration of each shipment for the term set for the limitation of rights under the corresponding labour, projectional or social works.
II. La The Official Mailing Company will provide a specific form, whose dimensions will not be less than that of a letter size sheet (29.7 cm long for 21 cm wide).
In the form you will identify your status as "Telegram Law No. 23.789" providing spaces for the following data:
A. . From the sender.
A.1. . Surname and Name.
A.2. Nacional National Identity Document.
A.3. . Royal residence.
A.4. . Postal code.
B. . The recipient.
B.1. . Surname and name or Social Reason.
B.2. . Ramo or main activity.
B.3. . Labor Office. It corresponds to the place where the worker effectively performs his duties.
In the case of communications made to Planned Agencies or Social Works, their legal domicile will be disclosed.
B.4. . Postal code.
C. de Type of communication (to be filled by the receiving office).
C.1. . Communication of resignation from employment.
C.2. . Communication of absence.
C.3. . Others.
D. ). Place, date and time of issue (to be fulfilled by the receiving office).
III. . The sender will present, open and duplicate, the form containing the text to communicate, with its data and those of the recipient, signing it to the employee of the Official Posting Company.
The receiving office will confront both copies authenticating them by seal of the Official Post Service, returning the duplicate to the sender and proceeding to close the original that will refer to the recipient.
IV. La The piece will be delivered, under signature, at the addressee's address.
If the receipt is not specified, notice of visit will be left to allow the recipient or the person authorized by him/her to withdraw the telegram at the Office of the Official Posting Company corresponding to his/her home within the DOS (2) working days; not withdrawn during this period, he/she will be returned to the sender.
V. Las Disclaimer communications that are made through "Telegram Law No. 23.789" may only be imposed in the Office of the Official Postal Company corresponding to the Postal Code of the employer's domicile where the sender has served.