On March 21, 2024, the Ministry of Labor issued Ministerial Agreement No. MDT-2024-041, published in Official Registry No. 526 of March 26, 2024, which regulates the administrative visto bueno process, of which we highlight the following:
– The parties may appear personally, or through their representative or procurator, accompanied by their legal counsel.
– The work suspension must be justified by the employer and approved by the labor inspector. If the suspension is granted, the employer will have a 48-hour period to consign.
– If the inspector denies the suspension, the employer must grant the employee a paid leave to exercise the right of defense.
– The labor inspector may request clarification of the notification place in person up to 2 times. With the notification, the defendant has 2 days to reply.
– If it is not possible to notify the employee in person, the employer must notify via a single press publication including an extract of the visto bueno that must be posted in several places in the workplace.
– Within 3 days of the visto bueno hearing, the inspector in charge will issue a duly reasoned decision.
– Provided that one of the parties is affected, they could appeal the decision within 3 days before the labor inspector. Once the appeal is lodged, the regional director of labor and public services must resolve the appeal within 10 days.
– The action to request a visto bueno by the employer against the employee is time-barred within 1 month.
– The procedure expires in 30 days, if it has not been resolved in the first instance, counted from the notification of the request for the visto bueno.
– Regarding cases of lack of probity and immoral conduct of the employee, as well as harassment at work, the period is calculated from the date on which the employer or his representative became aware of the facts that gave rise to the visto bueno.
– The lodging of a complaint or labor lawsuit, before or after the visto bueno has been submitted, is not a reason for the labor inspector to refrain from processing the visto bueno.
María Victoria Beltrán, associate at CorralRosales
mbeltran@corralrosales.com
+593 2 2544144
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.