AIOpinions and Regulations
ORD. No. 4963
Ordinary
DIRECCIÓN DEL TRABAJO · OFFICIAL RULING
ORD. No. 4963
From paper records to certified digital copies.
A response to Despapeliza SpA on its proposed procedure for digitizing and certifying employment documents.
Issued on 27 September 2018 · Chile
SOURCE DOCUMENT
Digital copies.
Individual certification.
The ruling examines the specific digitization procedure submitted in 2018.
Reference: K8162 (1644) 2018
Applicant: Despapeliza SpA
Subject: Paper-to-digital employment records
KEY POINTS IN THE RULING
Copy, certify and preserve integrity.
Create electronic copies
The proposed process converts paper originals into electronic copies in PDF format.
Certify each document
The notary’s advanced electronic signature must be applied individually to each document, verifying that the copy matches the original.
Safeguard record integrity
The ruling considers the intervention of a legally authorized certifying officer as a safeguard for the integrity of the digitized records.
READ THE DOCUMENT IN CONTEXT
Full text and official source.
The English text below is retained for reference. Consult the original Spanish PDF for the authoritative wording, including its conditions and exceptions. This ruling is dated 27 September 2018.
ORD. No. 4963
Sep 27, 2018
Attends presentation by Mr. Alejandro Rojas Lemus, representing the company Despapeliza SpA, on electronic labor documentation.
LEGAL DEPARTMENT
K8162 (1644) 2018
ORD.:4963
MAT.: Employment documentation; Transfer from paper to digital format;
RORD.
Attends presentation by Mr. Alejandro Rojas Lemus, representing the company Despapeliza SpA, 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 procedure for digitizing labor documentation, in order to replace paper-based records.
Furthermore, the presentation indicates that the procedure would consist of a digitalisation chain that would create electronic copies of the paper originals.
Then, once the electronic copy in PDF format has been obtained, a notary public would intervene who, using an advanced electronic signature, would certify that the respective copies are faithful to the original documents, thus enabling the destruction of the original documentation.
On this last point, it should be noted that, given the structure of the digitalization protocol and the powers that the law recognizes to public notaries, their certification will only produce legal effects if an advanced electronic signature is applied to each document individually, since the verification of the text of the respective background information is an essential element of their function.
Having specified the above, I must inform you that the matter consulted has been regulated by this Service through opinion No. 0155/004 of 01/11/2016 which, in pertinent part, indicates:
"There is no impediment for employers to transfer their labor documentation platform from paper to electronic format..."
Now, with regard to the proposed procedure, it should be noted that it coincides with what is stated in letter a) of the aforementioned ruling, insofar as it deals with the digitalization of the documentation with the intervention of a minister of faith, who will guarantee the integrity of the supported records.
Consequently, based on the administrative jurisprudence invoked and considerations formulated, I hereby inform you that the digitalization and certification procedure proposed by the company Despapeliza SpA complies with the current regulations on the matter, so there is no impediment to its implementation.
Greetings to you,
Rosamel Gutierrez Riquelme
LAWYER
HEAD OF LEGAL DEPARTMENT (S)
WORK DIRECTION
Distribution: Legal Parts Control
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