AIOpinions and Regulations
ORD. No. 3122
Ordinary
DIRECCIÓN DEL TRABAJO · OFFICIAL RULING
ORD. No. 3122
Electronic employment documentation.
Management and electronic signing of employment documents: the Directorate’s response to the system presented by Despapeliza SpA.
Issued on 9 July 2018 · Chile
SOURCE DOCUMENT
A dated ruling.
A defined scope.
The conclusion concerns the platform and information submitted for review in 2018.
KEY POINTS IN THE RULING
Access, consent and delivery.
Inspection access
The requirements address secure access for inspection, workplace consultation, printing, certification and employer ratification.
Express employee consent
Electronic preparation, processing, signing and delivery require the employee’s express agreement. Without it, documentation is delivered on paper.
Personal email delivery
The system must automatically send the document to the employee’s designated personal email, rather than an institutional mailbox.
READ THE DOCUMENT IN CONTEXT
Full text and official source.
The ruling treats the requirements as cumulative. The English text below is provided for reference; consult the original Spanish document for the authoritative wording and assess subsequent requirements separately.
ORD. No. 3122
Jul 09, 2018
Attends presentation by Mr. Alejandro Rojas Lemus, representing the company Despapeliza SpA, on electronic labor documentation.
LEGAL DEPARTMENT
K3275 (678) 2018
ORD.:3122
MAT.: Employment documentation; Management and signature by electronic means;
RORD.
Attends presentation by Mr. Alejandro Rojas Lemus, representing the company Despapeliza SpA, on electronic labor documentation.
PREV.
- Email dated 06/07/2018, from Mr. Nicolas Gecele Gonzalez.
- Presentation of 03/22/2018, by Mr. Alejandro Rojas Lemus, representing the company Despapeliza SpA
SANTIAGO, 09.07.2018
FROM:
HEAD OF LEGAL DEPARTMENT (S)
TO:
MR. ALEJANDRO ROJAS LEMUS
SPA PAPERLESS
1201 LA DEHESA AVENUE, OFFICE 717
THE BARNECHEA
By submitting background information 2), supplemented by email with background information 1), you are requesting a statement from this Service regarding the possibility of marketing a computer solution that allows for the generation, signing, management, and notification of documentation arising from the employment relationship by electronic means.
In this regard, I must inform you of the following:
- Regarding the platform for generating, signing and managing employment documents, the presentation outlines the procedure for subscribing to the instruments and the platform’s security measures.
With regard to the operational requirements of this type of system, it should be noted that this Directorate has regulated the matter through opinion No. 0789/15, dated 02/16/2015.
In this context, it is necessary to note that the requirements demanded by the aforementioned jurisprudence are cumulative, not alternative, so that failure to comply with any of them means that the entire system does not comply with current regulations.
These requirements are:
- Allow the inspector to directly consult the information via the Internet from the company’s website where the proposed electronic registration and storage system for labor documentation is implemented, from any computer of the Labor Directorate connected to the Internet, based on the employer’s RUT.In this regard, it is worth noting that the information presented indicates that the platform complies with the requirement.
- Consider a security measure to be established jointly with the respective employer, in order to guarantee that the tasks of inspecting electronic documentation can be carried out without impediment or restriction, whether due to date, volume, type of document, or any other cause that prevents or limits its practice.
This measure must be understood in harmony with what is indicated in the preceding letter a), since it seeks to ensure that the inspector’s access to the documentation is permanent and fluid, and, for its part, letter b) under review, intends that the connection that guarantees the delivery of the audited records is secure for the employer, in terms of the safekeeping of the information. In relation to this point, it is appropriate to point out that according to the information available for the preparation of this report, the platform under review complies with the requirement in question. - The system must allow the same consultation and access method previously indicated from the computers of the inspected employer, in the workplace. According to the background information examined, the consulted platform would comply with this requirement.
- Allow the printing of work documentation and its certification through simple or advanced electronic signature, if applicable, depending on the legal nature of the document and the effects it must produce. The platform would also comply with the requirement indicated.
- Allow the employer being inspected to directly ratify the employment history using a simple or advanced electronic signature, depending on the nature or legal effects that the document must produce, and with the sole identification of the inspector. According to its presentation, the system complies with this characteristic.
It is also necessary to highlight that the administrative jurisprudence of this Directorate has indicated, among others, in Ord. No. 4890, of 17.12.2013, that all electronic labor documentation, without distinction, must meet the following requirements:
- Workers must expressly consent to their documentation arising from the employment relationship being prepared, processed, signed and sent electronically.
Indeed, recipients of electronic communication must consent to this measure, since maintaining an electronic mailbox or email address is not a requirement imposed by the legislator to receive documentation arising from the employment relationship. Thus, if the employee does not agree to this method of delivery, his employment documentation must be delivered in paper format. - Once the document has been prepared, the system must automatically send it by email to the personal mailbox that the employee has previously indicated to his employer. Sending it to institutional mailboxes is not authorized, since it would not be reasonable that, upon leaving the company, employees would be prevented – at the same time – from accessing their corporate email accounts and the electronic work documentation stored there.
Having specified the above, it is appropriate to indicate that according to the information provided, the solution consulted would meet both requirements.
Consequently, based on the administrative jurisprudence invoked and the considerations formulated, I hereby inform you that the electronic labour documentation management and signature system presented by the company Despapeliza SpA complies with all the requirements demanded by this Directorate for said platforms, and therefore its use is in accordance with the law.
Greetings to you,
Rosamel Gutierrez Riquelme
LAWYER
HEAD OF LEGAL DEPARTMENT (S)
WORK DIRECTION
Distribution: Legal Parts Control
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