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 |
DISCLAIMER: The previous text has been prepared for informational purposes. CorralRosales is not responsible for any loss or damage caused as a result of having acted or stopped acting based on the information contained in this document. Any additional determined situation requires the specific opinion and concept of the firm.