/ DT Issues Resolution on Attendance Registration and Control Systems

In April 2025, Exempt Resolution No. 38 of the Chilean Labour Directorate (DT) came into force, establishing new mandatory requirements for electronic attendance registration and control systems, as well as the determination of working hours. Other systems, such as absence, leave, or rest period tracking, are expressly excluded. This resolution impacts both HR management software providers and the companies that use such systems, setting new standards to ensure proper implementation and use.

Tomás Becerra

Associate Attorney

In April 2025, Exempt Resolution No. 38 of the Chilean Labour Directorate (DT) came into force, introducing new mandatory requirements and the authorization procedure for electronic attendance registration and control systems used to determine working hours.

Who is affected?

The new resolution applies both to HR management software providers and to the companies that implement these systems, setting clear standards for their appropriate use.

The scope is limited strictly to attendance and working hours registration systems, excluding systems designed to monitor absences, leaves, or rest periods.

Key aspects

• Companies must define the primary and secondary methods of employee identification and attendance registration, either in their Internal Rules on Order, Hygiene and Safety, or, for companies not required to have such rules (with fewer than 10 employees), within individual employment contracts.
• Integration with physical access control systems (such as turnstiles or electronic doors) is allowed, provided that the attendance system has been previously authorized by the DT and that the integration does not alter its technical specifications.
• For contractors or temporary services companies, the systems must allow their respective client companies to access reports, strictly for viewing or downloading, while safeguarding personal data and without granting any modification rights.
• Employers may develop in-house systems or outsource them to third parties, provided they comply with the DT’s regulatory requirements.
• All employees must be trained in the proper use of the attendance registration systems prior to implementation.
• The system’s protocols, rules, and procedures must be incorporated into the company’s Internal Rules or, where not applicable, into individual employment contracts.

Compatibility and exclusivity

The new regulation requires that user companies operate with a single authorized electronic attendance registration and control system. However, this does not preclude the use of additional complementary systems for other purposes, such as vacation tracking, leave management, payroll processing, or document management.

Geolocation and protection of employee rights

The use of geolocation tools is authorized solely at the precise moment of attendance registration and may not be used for operational purposes or require permanent activation. Only in duly justified cases based on safety concerns — such as on ships, aircraft, or armored transport vehicles — may geolocation remain continuously active.

Lastly, the resolution sets clear limits on the scope of employer monitoring, specifying that the intensity of monitoring must be proportionate to its intended purpose. It expressly prohibits any form of continuous or excessive surveillance, and companies must safeguard employees’ fundamental rights and constitutional guarantees at all times when exercising this supervisory authority.