ORD. No. 2190
Electronic records for workplace safety talks.

By submitting item 2), you have requested a statement from this Service regarding the possibility of employees digitally signing their attendance at daily talks related to the prevention of accidents, illnesses and analysis of safe work.

Furthermore, the presentation indicates that hardware located at the employer’s facilities would be used – tablets or mobile phones – which would have a special application that would allow the signing of documents using a simple electronic signature (FES).

Having clarified the above, it should be noted that the regulation of the platforms for generation, signature, management and notification of documentation derived from employment relationships through electronic means is found in Opinion No. 0789/15 of 02/16/2015.

In the same context, it is appropriate to state that according to the current doctrine of this Directorate, there are no legal inconveniences to proceed with the digital subscription of labor documentation unless there is an express legal norm in this regard or we are faced with one of the acts or contracts indicated in section 2 of article 3 of Law No. 19,799, on electronic documents, electronic signature and certification services of said signature, that is to say:

1. Those in which the law requires a formality that cannot be fulfilled by means of an electronic document;
2. Those in which the law requires the personal presence of one of the parties, and
3. Those related to family law.

In accordance with the above, the doctrine of this Service contained, among others, in Ord. No. 1389 of 08/16/2022, establishes that, although there would be no problem for workers to electronically sign their participation in talks or training, such data will not be part of the information provided by the attendance registration and control system, if it is digital, since such platforms are regulated in Opinion No. 2927/58 of 12/28/2021.

Thus, after the lecture or training activity has been held, the employer must update the information in the attendance registration and control system, replacing, if applicable, the absence with personal or telematic attendance at the event indicated. All of which must be carried out in accordance with the provisions of No. 3.9.3 of the aforementioned Opinion No. 2927/58.

Regarding the moment in which the documents would be signed, it is considered appropriate to proceed according to what is indicated in their presentation, that is; a) at the start of the workday; b) when changing a production process or; c) at the start of a new procedure.

Finally, and given that your presentation does not mention it, it is necessary to remember that in accordance with the provisions of the aforementioned Opinion No. 0789/15, once the process of signing the documents is closed, these must be automatically sent to each worker to the private email account that they have provided for these purposes, it not being enough that they are available on platforms subject to the control of the employer or in corporate emails.

Consequently, based on the legal provision cited, administrative jurisprudence invoked and considerations formulated, I hereby inform you that, without prejudice to the warnings made in the body of this report, there are no inconveniences to proceeding with the creation and signing of the documentation derived from the employment relationship by electronic means, as long as employers use computer systems that comply with the technical conditions established in Opinion No. 0789/15 of 02/16/2015.

Greetings to you,