The Law Today

The Labor Directorate issues an opinion on the meaning and scope of Law No. 21.361, which adapts the Labor Code with respect to electronic labor documents.

09 Ago 2022


On August 4, 2022, the Labor Directorate issued Opinion No. 1315/26, ruling on the meaning and scope of Law No. 21.361 (the “Law”), which adapts the Labor Code regarding electronic labor documents. Specifically, this pronouncement states the following:

1. The settlement, resignation and mutual agreement that are granted and signed through the electronic site of the Labor Directorate, shall be understood as approved before a labor inspector.
2. The employer is obliged to communicate to the worker the form, in person or electronically, in which the corresponding settlement will be granted and paid.
3. In relation to the content of the communication, the form of granting and paying the severance payment requires that the worker be informed of the following:

(i) The mode in which the termination payment will be granted and paid (in person or electronically).
(ii) In the event of informing that the mode will be electronic, it must expressly indicate to the employee that it is voluntary for him/her to accept, sign and receive the payment in this manner and that he/she may always opt for the in-person method before a minister of faith.
(iii) That he/she may make a reservation of rights at the time of signing the termination agreement, if he/she deems it necessary.

4. In those cases in which the employer has decided to grant the severance payment electronically, the employee shall have the right to accept or reject such method of granting.
5. The employee may accept or reject the modality proposed by the employer only in the case of the settlement. Regarding the granting and subscription of the employee’s resignation as well as the mutual agreement, these require from the beginning the express will of the employee.
6. The amendments incorporated to the Labor Code by the Law came into effect on October 25, 2021.


Should you require additional information on this matter, please contact: Alfred Sherman (, Gonzalo Aravena (, and/or Felipe Ovalle (