Urgent Labor Dismissal Telegram Attorney in Buenos Aires
The free labor telegram lets you notify your employer at no cost, through Correo Argentino, under Law 23,789 — whether you are demanding compliance or declaring a constructive dismissal. It applies to unpaid wages, unregistered work, or an unlawful change in your conditions. The legal deadlines start running from the incident itself, not from the day you decide to act.
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Dr. Guillermo Conti reviews your situation and drafts the exact wording of your telegram before you file it at Correo Argentino:
What Is the Free Labor Telegram and When Should You Send It?
It is the free telegram and certified-letter service Correo Argentino provides to employees, funded by the Ministry of Labor, Employment and Social Security, under Law 23,789. You can use it for any formal, verifiable notice to your employer connected to your employment: demanding unpaid wages, requiring proper registration, objecting to an unlawful change in your working conditions, reporting a workplace accident, resigning, or declaring a constructive dismissal.
There are two typical moments to use it. The first is a formal demand: you are still employed, but you give your employer a concrete deadline to fix a specific breach, on notice that you will take further action if they do not. The second is a constructive dismissal: the breach is already serious enough that you decide, in that same telegram or in a follow-up one, to end the relationship due to your employer's fault.
The urgency here is not marketing — it is statutory. Article 57 LCT provides that an employer's silence in the face of a formal, verifiable demand only counts against them after a reasonable period, and that same article requires you to set that deadline clearly beforehand. Meanwhile, the two-year statute of limitations under Article 256 LCT is already running from the moment the claim becomes enforceable, and the longer you wait to act on an ongoing breach, the more room you give your employer to argue later that you accepted it through your silence.
A Telegram, a Certified Letter, and a WhatsApp Message Are Not Interchangeable
- Free labor telegram (Law 23,789, exclusive to employees): filed at any Correo Argentino branch, at no cost, with an official copy and a tracking number. It is the channel the law designed specifically so the cost of sending it is never a barrier to asserting your rights.
- Certified letter (carta documento): carries the same weight as a formal, verifiable notice, but whoever sends it pays for it. Employers typically use it, since the free channel under Law 23,789 is reserved for employees.
- WhatsApp, email, or a phone call: they do not replace the formal channel. For some acts the law leaves no room for choice: since the Law 27,802 reform (BO 6/3/2026), Article 240 LCT requires a resignation to be formalized through a telegram — physical or digital — with identity verification, as a condition of validity. For most other demands, an informal message is simply easier for the other side to deny ever receiving.
Declaring a constructive dismissal is also not the same as sending a formal demand first. A demand means claiming and waiting: you keep working and getting paid while your deadline runs. A constructive dismissal is a decision to end the contract: you terminate it yourself, and afterward, if your employer disputes it, you will have to prove the breach was serious enough to justify it (Article 242 LCT). Unless the situation is already untenable — violence, months of unpaid wages — the prudent path is to exhaust the formal demand first and declare yourself constructively dismissed only if the deadline passes without an adequate response. Read more in our guide on direct vs. constructive dismissal and on the formal requirements for a constructive dismissal.
How to Send the Telegram, Step by Step, at Correo Argentino
Filing it is simple. What decides the case later is what the text says. Before you go to the post office:
- Confirm the exact recipient. The legal name and the address where the company actually operates or where you perform your work, not necessarily the one on an old pay stub if the company has moved.
- Gather your information. National ID (DNI), tax ID (CUIL), address, start date, and job category or duties, if your claim involves them.
- Go to any Correo Argentino branch and ask for the form under the free service created by Law 23,789, specifying that it is a labor telegram, not a commercial one, so you are not charged.
- Draft the text with the specific facts — what happened and since when —, the deadline you are giving your employer to respond, and an explicit warning of what you will do if they do not.
- Sign it in front of the postal employee, who verifies your identity and hands you a stamped copy; a second copy stays with Correo Argentino, and a third goes to the recipient.
- Keep the receipt and the tracking number to confirm online, through Correo Argentino's website, exactly when it was delivered.
The minimum content it must include: your full identification, the specific fact with a date — not a vague complaint —, the reasonable deadline you are giving your employer, and the explicit warning. What you should not write: insults or threats, unrelated claims mixed into the same text, admissions that could hurt your own case, or a deadline you are not actually prepared to honor before acting.
Deadlines That Are Running and Mistakes That Void Your Claim
A poorly worded telegram protects no one, even if it was sent on time. These are the mistakes that most often cost an employee their case:
- Vague wording, with no explicit warning. If it does not clearly state what will happen if your employer does not respond, a judge may read it as a simple complaint, not as the step before a decision to terminate the contract.
- No deadline, or an unreasonable one. Article 57 LCT requires an employer's silence to run for a period that can never be less than two business days before it counts against them; in practice, it is best not to go below 48 business hours.
- Declaring yourself dismissed before your own deadline expires. If you gave your employer until Friday and declare yourself dismissed on Wednesday, you hand them the argument that they never had a real chance to respond.
- Vague claims, with no figures or dates. "They don't pay me properly" is not the same as detailing the period, the item, and the amount owed. Without precision, it is harder to prove and easier to dispute.
- Waiting too long in the face of an ongoing breach. An employee's silence does not by itself amount to waiving a right — Article 58 LCT requires unequivocal conduct for that —, but it does give your employer room to argue later that the breach was not serious enough.
On the other side, it does not hurt your case if your employer refuses to accept the telegram, claims to have moved, or does not pick up the delivery notice: as long as you sent it to the correct address, notice is considered validly given regardless. Read the details in our guide on what happens if your employer refuses to accept the telegram.
Frequently Asked Questions About the Urgent Labor Telegram
What is the free labor telegram and who can send it?
It is the free telegram and certified-letter service Correo Argentino provides to employees under Law 23,789, funded by the Ministry of Labor, Employment and Social Security. Any employee, or the union representing them, can send it for any formal, verifiable notice to their employer.
How much does it cost and where do I file it?
It is free. You file it at any Correo Argentino branch by presenting your DNI and CUIL. A text of up to 30 words is sent by telegraph; anything longer goes by priority mail. You will receive a stamped copy and a tracking number to confirm delivery online.
Can I send a demand or a constructive dismissal by WhatsApp or email instead of a telegram?
For most demands, the law does not impose a single required channel, but a telegram leaves official proof of the content and the date, something a chat or an email does not always establish if the other side denies it. For a resignation, the law leaves no room: since the Law 27,802 reform (BO 6/3/2026), Article 240 LCT requires a telegram, physical or digital, as a condition of validity.
How long do I have to wait for a response before declaring myself dismissed?
Article 57 LCT sets a floor: an employer's silence in the face of a formal demand can never count against them before a reasonable period, which the law sets at no less than two business days. In practice, it is best to give at least 48 business hours and let that deadline pass before declaring a constructive dismissal.
What happens if my employer refuses to accept the telegram or claims they no longer operate there?
It does not invalidate the notice. If you sent it to the correct address, case law treats notice as validly given even if the recipient refuses to accept it or does not pick up the delivery notice. A repeated refusal, moreover, can work against whoever engages in it as obstructive conduct.
What does the text need to say to hold up as evidence in court?
It should identify you by name, DNI, and CUIL, describe the specific fact with a date, set the deadline you are giving your employer to respond, and close with an explicit warning about what you will do if they do not. Without that warning, a judge may read it as a simple complaint rather than the step before a constructive dismissal.
Should I declare a constructive dismissal right away, or send a demand first?
Unless the breach is already serious enough to make continuing to work impossible, the prudent path is to send a demand first and declare a constructive dismissal only if the deadline passes without an adequate response. Skipping that step without justification weakens your proof that you exhausted your options before ending the relationship.
What changed with the 2026 Labor Reform (Law 27,802) regarding labor telegrams?
It changed points that affect this guide directly: Article 66 LCT now requires a prior formal demand, one that goes unanswered, before an employee can declare themselves constructively dismissed over an abusive change in working conditions, and Article 240 LCT now accepts a digital telegram, in addition to a physical one, to formalize a resignation.
What severance am I owed if the constructive dismissal is found justified?
The same as in a dismissal without cause: the seniority severance under Article 245 LCT, the payment in lieu of notice under Article 232 LCT, and the pay for the remainder of the month under Article 233 LCT, plus the penalties under Laws 24,013 or 25,323 and Article 80 LCT where they apply. The exact amount depends on your pay and seniority.
Do I have to go through SECLO before filing a lawsuit?
Yes. Before filing with the National Labor Courts, every claim must first go through the Mandatory Labor Conciliation Service (SECLO, Law 24,635). The process is free, and starting it suspends the statute of limitations on your claim for six months.
How long do I have to file a claim before it is time-barred?
Two years from the moment the claim becomes enforceable, under Article 256 LCT. It is a generous window, but it should not be treated as a cushion: the longer you wait to act on an ongoing breach, the easier it is for your employer to argue later that you accepted it through your silence.