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Supreme Decree No. 14 Approving the Regulations of the Electronic Labor Registry is published

On June 8, 2023, Supreme Decree No. 14 of 2023 was published in the Official Gazette, which approves the Regulations of the Electronic Labor Registry in accordance with the provisions of paragraph 2 of Article 515 of the Labor Code and repeals Supreme Decree No. 37 of 2021.

Specifically, the aforementioned Supreme Decree establishes the following:

  1. The Electronic Labor Registry is an ordered set of data in electronic support in which employers must register and keep updated the information indicated in these regulations. Such information shall only be used for the exercise of the legal powers of the Labor Directorate.

2. The obligation to register becomes mandatory as of June 28, 2023, according to Supreme Decree No. 39 of 2022 of the Ministry of Labor and Social Welfare.

  1. Employers must register the following data:

 

  1. Employment Contracts within 15 working days following its execution, including at least the individualization of the parties and the stipulations contained in Article 10 of the Labor Code.
  2. Modifications to the Labor Contract agreed in contract annexes, within 15 working days following its execution.
  3. Termination of the Labor Contract, whatever the cause, incorporating at least:, cualquiera sea su causal, incorporando al menos:
  • Individualization of the parties.
  • Date of commencement of the employment relationship.
  • Date of termination of the employment relationship.
  • Date and form of notice of termination, if applicable, in accordance with the law.
  • Cause of termination.

This information must be recorded within the deadlines established in Articles 162 and 163 bis of the Labor Code for sending copies of termination notices to the Labor Inspection and within 10 working days following the employee’s separation in the case of mutual agreement, resignation and death.

  1. Electronic Payroll Book, a monthly registration must be made of the payments of wages, allowances or bonuses, indemnities and other benefits paid in cash, within the first 15 working days of the month following the respective payment.

Once the information has been recorded, the employer’s obligation to keep an auxiliary payroll ledger will be considered to have been fulfilled.

  1. Joint Hygiene and Safety Committee, along with the following background information:
  • Name and date of designation of the employer’s representatives and substitutes.
  • Minutes of the election of the workers’ representatives, stating:
  • (i) Date and method of the election of the workers’ representatives (physical or telematic).
  • (ii) Total number of voters.
  • (iii) Total number of representatives to be elected.
  • (iv) Names in descending order of the persons who obtained votes.
  • (v) Full names of the employee representatives.

The registration must be made within 15 working days from the election of the workers’ representatives.

Once the information has been registered in the terms described above, the obligations of communication and remission of a copy of the minutes to the Labor Directorate will be understood to have been fulfilled.

  1. e) Joint Training Committee when 15 or more workers are employed, the following information must be included in the record:
  • Date of incorporation
  • Names of the members that belong to it.

The registration must be completed within 15 working days from the date of the Committee’s constitution.

  1. Los empleadores deberán registrar los contratos de trabajo celebrados con personas con discapacidad o asignatarios de una pensión de invalidez de cualquier régimen previsional y, sus modificaciones posteriores.
  2. All the information incorporated by the employers to the Electronic Labor Registry must be updated within 15 working days after its modification.
  3. The Electronic Labor Registry is incorporated within the institutional website of the Labor Directorate. Users will access the Registry with their Unique Code for carrying out State procedures online.

Employers must register the employment contracts entered into with disabled persons or recipients of a disability pension of any social security system and their subsequent modifications.

  1. If employers are unable to access the Electronic Labor Registry or if data cannot be registered due to technical problems in the Labor Directorate’s website, the Labor Directorate will have a web feature that will allow the request and generation of a certificate of technical unavailability that will specify, among others, the date, time, validity and scope of the occurrence.
  2. The Director of Labor shall establish, by means of a resolution, the specific technical conditions for the access and operation of the Electronic Labor Registry and the issuance of the certificate referred to in the preceding article. This resolution shall be issued within 30 working days following the publication of this regulation and published in the Official Gazette.
  3. The provisions of the regulation shall become effective as of the date of its publication in the Official Gazette, that is, as of June 8, 2023.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl)

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