/ Ministry of Labor Approves Regulation on Electronic Labor Registry

The new regulation distinguishes between mandatory and voluntary documentation to be filed in the registry. As to personal data, the Labor Directorate must process them only for the fulfillment of its legal functions and subject to the rules of the Privacy Protection Act.

Maria Ignacia Ormeño Sarralde
Associate
Alessandri Abogados

On October 28, 2021 was published in the Official Gazette the Supreme Decree No. 37 of the Ministry of Labor and Social Security, which approves the Regulation of Law No. 21,327 (Labor Directorate Modernization Act), regarding the data and documentation that must be filed by employers in an Electronic Registry of the Labor Directorate (DT). This registry is available on the web site of the Labor Directorate, employer’s portal.

The regulation distinguishes between those data or documentation that are mandatory to be filed in and those that can be included voluntarily by the employer.

The data and documentation that the employer must register are as follows:

1.  Employment contract: it will be mandatory for the employer to register the employment contract within 15 business days of its execution, which must include at least the provisions stated in Article 10 of the Labor Code.

2.  Amendments to the employment contract (effective as of December 28, 2021). Same term as above of 15 days following its amendment.

3.  Termination of employment contract (effective as of December 28, 2021). The employer must include at least the following information:

• Individualization of the parties.
• Start and end date of the employment relationship.
• Date and form of notice of termination, if applicable, in accordance with the law.
• Cause for termination; and
• Facts supporting the cause for termination, if appropriate.

4.  Electronic Payroll Book (on a monthly basis and within the first 15 days of the month following the relevant payment).

5.  Joint Health and Safety Committee (effective as of May 28, 2022). It shall contain:

• Name of the representatives.
• Minutes evidencing the election of the representatives.
• Bipartite Training Committee (effective as of May 28, 2022). It shall contain:
• Date of establishment.
• Name of the members of the committee.

7.  Internal rules of order, health and safety (effective as of December 28, 2021). It shall contain:

• Individualization of the employer.
• Date of publication and notification to employees.
• Dissemination mechanisms.
• Statement of compliance with the legal minimum.

8.  Special agreements on working conditions (effective as of November 28, 2022). If applicable, the following must be indicated:

• Individualization of the parties.
• Date.
• Subject matter of the agreement.
• Applicability to employees without union membership.
• Term.

9.  Sanctions against employees (effective as of November 28, 2022). The employer must register the sanctions within 15 days from the adoption of the relevant sanction. It must indicate the following:

• Individualization of the employee.
• Date of application of the measure.
• Type of measure applied.

10. Collective bargaining instruments (effective as of June 28, 2023). The employer must register the instruments, within 5 days from the execution, including at least the following:

• Individualization of the parties.
• Date of execution.
• Term.
• Existence or not of benefit extension agreements.
• List of employees involved.

11. Register of attendance, holidays, leaves and leaves of absence of the employee (effective as of June 28, 2023). The record must indicate:

• Individualization of the employee.
• In the case of the attendance log, details of the month of the relevant calendar period.
• In the case of holidays, medical leave and leaves of absence, the period of time in which he/she did not render services and the reason for the absence; and
• In the event that the absence is due to medical leave, it shall be sufficient to show proof of its submission to the corresponding health entity.

In turn, there are data and documents that the employer may voluntarily register, such as the settlement, which becomes effective as from November 28 of this year, or the court ruling declaring the existence of a single employer, which becomes effective as from July 28, 2022.

In the area of personal data, the DT, having access to a large amount of data, must process them only for the fulfillment of its legal functions and subject to the rules of Law No. 19,628 on Privacy Protection.

It may also enter into agreements with public and private entities that manage data records relating to employers, companies, employees and trade union organizations for the collection, processing and maintenance of data exclusively related to labor, social security and occupational health and safety obligations.

Additionally, the DT must comply with certain obligations with respect to personal data:

1. To maintain absolute confidentiality and secrecy of personal data, without prejudice to the information and certifications that must be provided in accordance with the law.

2. Refrain from using the data collected for its own benefit or for the benefit of third parties.

3. Implement the necessary security measures to protect the privacy of the data, especially in relation to the use of servers, storage, database backup and communications.

The information entered into the electronic registry shall be used according to the DT’s own powers and also for statistical purposes, studies and dissemination on compliance with labor regulations.