Page 19 - MONTT LATIN AMERICAN MAGAZINE, OCTUBRE 2021 (English)

ALERTA REGULATORIA
ALERTA REGULATORIA
ALERTA REGULATORIA
ESTA SECCIÓN CORRESPONDE A UNA NUEVA HERRAMIENTA DE MONTT GROUP QUE BUSCA REEMPLAZAR EL INFORME MENSUAL DE
NOVEDADES LEGISLATIVAS Y GENERAR UN INTERCAMBIO INFORMATIVO ENTRE LAS DISTINTAS OFICINAS DE LA EMPRESA.
Ecuador
T Seal of Good Practices
In the Official Registry N ° 560 of October 18, 2021, Ministerial Agreement N ° MDT-2021-165 was published dated May 14th, 2021, through which the Regulation for Obtaining the so-called T Seal of Good Practices was issued.
The purpose of the aforementioned agreement is to establish the parameters and the procedure for issuing and obtaining the seal for private sector employers, which seeks to generate incentives for the formalization of work, close gender gaps and produce fair working conditions.
The T Seal will be delivered by the Ministry of Labour and will last for two years from its issuance, and may be renewed for the same period, and as many times as required as long as the employer complies with all the requirements for each renewal. To obtain it, the employer must submit the application through the Single Labour System of the Ministry of Labour and complete the compliance diagnosis form. The Ministry of Labour will verify that prior to the application, the employer has complied with the labour obligations stipulated in the current regulations, by means of a physical or virtual request.
During the validity of Seal T, the Ministry of Labour grants the employer the following benefits:
• No ex officio inspections will be carried out on employers; except in the case of a complaint.
• The employer may notify the Ministry of Labour of the agreements with its workers, unions, works councils, or with any organization that represents the majority of the workers regarding the working hours that allow them to carry out their work.
• Priority attention in the following processes: (i) Requirements related to the Unified Labour System; (ii) Unification of profits; (iii) Attention to inquiries; (iv) Requirements related to the Social Employment Network. This Ministerial Agreement entered into force from May 14th, 2021.
Chile
among others, the date of its communication
scanned version must be incorporated and,
SOLICITAMOS ENVIAR LOS ANTECEDENTES DE LAS ÚLTIMAS NOVEDADES A: ALERTAS@MONTTGROUP.COM
Modernization Law of the Labour Work Department
On October 28th, 2021, Supreme Decree No 37 of the Ministry of Labour and Social Welfare was published in the Official Gazette, which approves the regulation of law No 21,327 (DT Modernization Law), which determines the data and documentation that employers must compulsorily keep in the electronic labour registry of the Labour Directorate, which employers will access through the electronic site.
The regulation distinguishes between data and documentation that must and voluntarily must or may be registered, in accordance with the following:
I.-Data or documents that must be registered:
a) Employment Contract, registration period 15 days from its subscription. Obligation from October 1st, 2021 (Work Contracts signed before October 1st, 2021, must be registered until April 30th, 2022). b) Modifications to the employment contract (Annexes), registration period 15 days from its subscription. Obligation as of December 28th, 2021. c) Terminations of the employment contract must be recorded, whatever their cause, incorporating, at least, the following information; the signing parties, the start / end date of the employment relationship and the cause thereof. Within three, six or 10 days following the termination depending on the cause in question. As of December 28th, 2021. d)Electronic remuneration book. Registration is monthly, within the first 15 days of the month following payment. As of October 28th, 2021. e) Joint Committee on Hygiene and Safety. The name of the members of the Committee and the act of election of the workers’ representatives must be included. Term 15 days following the election of the representatives. As of May 28th, 2022. f) Bipartite Training Committee. The date of its constitution and the name of its members must be incorporated. Term 15 days following the constitution of the Committee. As of May 28th, 2022. g) Internal regulation of order, hygiene and safety. Its
to the workers and the way in which it was disseminated must be recorded. Term five daysfollowingthebeginningofitsvalidity. As of December 28th 2021 h) Special agreements on working conditions, signed with unions. Term five days following the signing of the agreement. As of November 28th, 2022 i) Sanctions against workers. Having to register, the individualization of the parties, the date and type of measure applied. Term 15 days following the adoption of the sanction. As of November 28th, 2022. j) Collective work instruments. Term 5 days after your subscription. As of June 28th, 2023. k) Worker’s attendance, holidays, licenses and permits registration. Must register: in case of attendance registration, the respective detail by calendar month; in the event of a holiday, medical license and permits, the period of non-provision of services and what motivated it and In the case of a medical license, the proof of the processing of the same before the corresponding health entity. Term 15 days after the event that motivates your registration ends. As of June 28th, 2023.
II.- Data or documents that can be voluntarily registered: a) Labour settlement, term preferably within 15 days of subscription. As of November 28th, 2022 b) Judicial ruling declaring the existence of a single employer (Multirut). There is no deadline. As of July 28th, 2022. c) This category also includes those documents indicated in No 1, which according to the legislation are not mandatory for a specific employer, for example, for companies with less than 15 workers, the constitution of the Bipartite Training Committee.
III.-Usefulness of the registry: The information contained in the registry will be used by the Labour Directorate for: The exercise of its powers, such as control, conciliations, mediations and ratification of settlements. For statistical, study and dissemination purposes that it carries out. At the request of the courts, the DT must provide this information.
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