Opinions and Regulations
ORD. No. 4964
Ordinary
Settlement; Subscription by electronic means;
ORD. No. 4964
Sep 27, 2018
Attends presentation by Mr. Alejandro Rojas Lemus, representing the company Despapeliza SpA, on electronic labor documentation.
ORD. No. 4964
LEGAL DEPARTMENT
K8163 (1645) 2018
ORD.:4964
MAT.: Settlement; Subscription by electronic means;
RORD.
Listen to the presentation of Mr. Alejandro Rojas Lemus, representing Despapeliza S.p.A., on electronic labor documentation.
ANT.
- Instructions of 27.08.2018 from the Head of the Legal Opinions and Reports Unit.
- Presentation of 18.07.2018, by Mr. Alejandro Rojas Lemus, representing the company Despapeliza SpA
SANTIAGO, 27.09.2018
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), you are requesting a statement from this Service regarding a model for signing settlements in electronic format.
Regarding the procedure for signing severance payments, the presentation states that they have developed a system to sign documents with an electronic signature, using the employee’s fingerprint, who would appear in person at a notary public’s office so that the employee’s identity can be validated.
Subsequently, once signed and authorized, the document would be sent by email to the employer and employee.
Having specified the above, I must inform you that the matter consulted has been regulated by this Service through opinion No. 1012/020 of 02/27/2015, which, in pertinent part, indicates:
“In this regard, it is worth noting that section 1 of article 3 of Law No. 19,799 provides: "Acts and contracts granted or entered into by natural or legal persons, signed by means of electronic signature, shall be valid in the same manner and produce the same effects as those entered into in writing and on paper. Such acts and contracts shall be deemed to be in writing, in cases where the law requires that they be in this manner, and in all cases where the law provides for legal consequences when they are also in writing."
For its part, paragraph 2 of the same rule prescribes in its letter b):
"The provisions of the preceding paragraph shall not apply to acts or contracts granted or entered into in the following cases: b) Those in which the law requires the personal presence of one of the parties,"
As can be seen from the transcribed text, exceptionally with respect to those acts in which the law requires the personal presence of one of the parties, the provisions of section 1 of the aforementioned article will not be applicable, that is, the general principle of equivalence of electronic and paper support would not be applicable, since there is a special requirement for the validity of said act or contract that cannot be satisfied through electronic means.
A contrario sensu, it is possible to infer that there being no legal rule that expressly prohibits it, the documentation arising from labor relations can be signed through electronic means, a conclusion in harmony with what was resolved by this Directorate in opinion No. 789/15, dated 02/16/2015.”
According to the transcribed paragraphs, it is the opinion of this Service that there is no legal inconvenience to proceeding to sign the settlements by electronic means, as long as the procedure respects, as basic conditions, the verification of the worker’s identity by a minister of faith and of the relevant documents.
Now, regarding the proposed procedure, it should be noted that in the opinion of the undersigned, it complies with the conditions indicated in the body of this report, so there is no legal inconvenience for its implementation by the company Despapeliza SpA.
That’s all I can tell you on the matter.
Greetings to you,
Rosamel Gutierrez Riquelme
LAWYER
HEAD OF LEGAL DEPARTMENT (S)
WORK DIRECTION
Distribution: Legal Parts Control
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