On November 14, 2023, the Labor Ministry issued the General Rules to Control Employer Obligations and Inspection Proceedings by means of the Ministry Agreement No. MDT-2023-140, regulating the following relevant aspects:
- Employee data registry: The employer is required to register its employee’s information on the Sistema Único de Trabajo (hereby “SUT”) until 15 days after the beginning of the employment relationship.
- Employment agreements registry: The employer is required to register the employment agreements on the SUT until 15 days after the beginning of the employment relationship.
- Thirteenth and fourteenth remuneration accumulation (hereby “Remunerations”): Employees may require accumulating their Remunerations until January 15 of each year or 15 days after the beginning of their employment relationship (new employees).
Employees that may require to change the way they receive their Remunerations are able to do so by a written request presented until the January 15 of each year.
The following schedule is stablished for the employees to register the fourteenth and thirteenth remunerations and profit-sharing payment forms:
Thirteenth Remuneration Payment Registry
RUC
Nineth digit
Registry date
From
Until
1,2,3,4,5
January 5
February 5
6,7,8,9,0
February 6
March 6
Fourteenth Remuneration Payment Registry:
Coast and Insular Region
RUC
Nineth digit
Registry date
From
Until
1,2,3,4,5
March 20
April 20
6,7,8,9,0
April 21
May 21
Fourteenth Remuneration Payment Registry:
Amazon and Highland Region
RUC
Nineth digit
Registry date
From
Until
1,2,3,4,5
August 20
September 20
6,7,8,9,0
September 21
October 21
Profit Sharing Registry
RUC
Nineth digit
Registry date
From
Until
1,2,3,4,5
April 20
May 20
6,7,8,9,0
May 21
June 21
– Internal Work Regulations: The employer that has 10 or more employees is required to elaborate and submit for approval the Internal Work Regulations before the Labor Ministry. The employer has a 30-day term to do so from the existence of the obligation.
– Electronic Inspection: The Labor Ministry may conduct electronic inspections through the electronic mail registered in the SUT.
The information registered in the Labor Ministry Systems shall not be required by the labor inspectors unless the veracity of the information needs to be verified.
– Sanction concurrency: The Labor Ministry may sanction the same employer for different obligations breach, to a maximum of 20 SBU (USD 9.000).
– Recurrence: The Labor Ministry may sanction the recurrence con breach of labor obligations to a maximum of 20 SBU (USD 9.000).
Sanctions will be applied according to the following chart:
MINOR INFRACTIONS
Number of employees
1 to 9
10 to 25
26 to 49
50 to 199
200 to 540
541 or more
1 SBU
4.17 SBU
7.33 SBU
10.5 SBU
13.67 SBU
16.83 SBU
SERIOUS INFRACTIONS
Number of employees
1 to 9
10 to 25
26 to 49
50 to 199
200 to 540
541 or more
2.58 SBU
5.75 SBU
8.92 SBU
12.08 SBU
15.25 SBU
18.42 SBU
VERY SERIOUS INFRACTIONS
Number of employees
1 to 9
10 to 25
26 to 49
50 to 199
200 to 540
541 or more
4.17 SBU
7.33 SBU
10.5 SBU
13.67 SBU
16.83 SBU
20 SBU
Sanctions may also be applied according to the specific breaches without considering the number of employees, as shown in the following chart:
SPECIAL INFRACTIONS
Not registering the employment agreements
$50 per agreement
Late registering of employment agreements
$25 per agreement
Not registering the severance deed
$200 per severance deed
Late registering of the severance deed
$50 per severance deed
No authorization for reduce working day
0.5 SBU
Not registering the thirteenth remuneration payment form
$200
Not registering the fourteenth remuneration payment form
$200
Not registering the profit-sharing payment form
$200
Late registering of the fourteenth remuneration payment form
$100
Late registering of the fourteenth remuneration payment form
$100
Late registering of the profit-sharing payment form
$100
Not registering the Internal Work Regulations
$200
No fulfillment of the percentage on disabled personnel
10 SBU
Hiring of children and adolescents
$1.000