On October 28, 2021, Decree No. 37 of the Ministry of Labor and Social Security was published in the Official Gazette, which approves the regulation that determines the data and documentation that employers must keep in the Electronic Labor Registry, and the modalities and procedures through which such registry will be implemented and kept updated. The regulation states the following:

1. The information entered into the Electronic Labor Registry will be used for the purpose of exercising the powers of the Labor Directorate, such as audits, conciliations, mediations and ratification of settlements, as well as for statistical purposes, studies and dissemination carried out by the Service on compliance with labor and occupational safety regulations.

2. The Labor Directorate will enable on its website an electronic registry by virtue of which the employer must enter the data and all the labor documentation derived from the labor relations, whose compliance will be mandatory for all employers who are required by law to keep them. Employers who are not required to keep any specific registry may also voluntarily incorporate the information.

I. The data and documentation to be recorded by the employer shall be as follows:

a) Contract of Employment.

It will be mandatory for the employer to register the employment contract within 15 working days of its execution, including at least the stipulations contained in article 10 of the Labor Code.

In case there are modifications to the contract after the date of registration, the employer must only register the changes contained in the annexes subscribed to support such modification.

b) Amendments to the Employment Contract (Annexes) (Effective December 28, 2021).

The employer must register the modifications to the employment contract within 15 days of the execution thereof, expressly indicating the purpose of such modifications. For these purposes, the employment contract must be previously registered.

c) Termination of Employment Contracts (Effective December 28, 2021).

The employer must register the termination of employment contracts, whatever the cause, incorporating at least the following information: Terminaciones de Contrato de Trabajo (Will become effective as of December 28^th, 2021).

i) Individualization of the parties;

ii) Date of commencement of the labor relationship;

iii) Date of termination of the labor relationship;

iv) Date and form of notice of termination;

v) Cause of termination; and

vi) In the cases in which it legally corresponds, the facts on which the cause for termination is based.

Individualization of the parties;

The above information must be recorded within the established deadlines, as appropriate to the verified cause of termination for sending copies of the termination notices to the Labor Inspectorate, and within 10 working days following the separation of the employee in cases of mutual agreement of the parties, resignation and death of the employee.

d) Electronic Payroll Book.

The employer must register in a standardized and monthly manner, the payments of remunerations, allowances, other benefits and indemnities made to their respective workers. The record must be made within the first 15 days of the month following the respective payment..

e) Joint Health and Safety Committee (CPHS) (Effective as of May 28, 2022).

The employer shall record the following background information related to the CPHS:

i) Names of the designated employers’ representatives and of the elected workers’ representatives; and

ii) Minutes of the election of the workers’ representatives.

The register must be completed within 15 days of the election of the CPHS representatives.

f) Bipartite Training Committee (Effective May 28, 2022).

Companies that hire 15 or more workers must register the constitution of the Bipartite Training Committee, declaring that it is constituted in accordance with the rules that regulate it and indicating, at least, the following:

i) Date of creation, and

ii) Names of its members.

The registration must be completed within 15 days from the constitution of the Bipartite Training Committee.

g) Internal Regulations on Order, Hygiene and Safety (RIOHS) (Effective December 28, 2021).

The employer must register the RIOHS in force in the company within 5 days from the beginning of the effective date of the referred regulation. The registration must include at least the following information:

i) Individualization of the employer;

ii) Date of publication and notification to the workers;

iii) Dissemination mechanism;

iv) Declaration of compliance with the minimum legal content; and

v) Copy of the aforementioned regulation.

h) Special working conditions agreements (Effective November 28, 2022).

If applicable, and within 5 days following the execution of an agreement on special working conditions, the employer must register the respective instrument electronically with the Labor Department, with at least the following information:

i) Individualization of the parties;

ii) Date of execution of the agreement;

iii) Matters covered by the agreement;

iv) Applicability to workers without union membership;

v) Validity of the agreement; and

vi) Copy of the aforementioned agreement.

i) Sanctions against Workers (Effective November 28, 2022).

The employer must register the sanctions applied to workers within 15 days from the adoption of the respective sanction. The record must indicate the following:

i) Individualization of the worker;

ii) Date of application of the measure; and

iii) Type of measure applied. Individualización del trabajador;

j) Collective Bargaining Agreements (Effective June 28, 2023).

The employer must register the collective bargaining agreements in force in the company within 5 days of their execution, including at least the following information:

i) Individualization of the parties;

ii) Date of subscription;

iii) Term;

iv) Existence or non-existence of benefit extension covenants;

v) List of workers involved; and

vi) Copy of the instrument.

k) Employee’s Attendance, Holidays, Leaves and Permits Record (Effective June 28, 2023).

The employer must register the attendance and the periods in which the employee does not render services, within 15 days from the end of the event that motivates the registration, that is, the end of the calendar month in the case of the attendance register, the end of the holiday used by the employee, the receipt of the medical leave form or the end of the leave granted, as the case may be. Along with this, the following must be indicated:

i) Individualization of the employee.

ii) In case of attendance record, detail of the respective calendar month.

iii) In the case of holidays, medical leave and leaves of absence, the period of time in which the employee did not render services and the reason for the absence; and

iv) In case of absence due to medical leave, the sole proof of presentation by the employer to the corresponding health entity shall be sufficient.

I. The employer may voluntarily register the following documents:

i) Termination of employment (preferably within 15 days after its subscription.) (Comes into force on November 28, 2022).

ii) Court Judgment declaring the Existence of Sole Employer. (Effective as of July 28, 2022).

1. In order to comply with the provisions of the regulation, the employer must be registered as a user on the website provided by the Labor Directorate for such purposes.

2. The provisions of the regulation shall become effective as of the date of its publication in the Official Gazette, except for those indicated in their respective paragraphs.

3. The provisions of the regulations shall become effective as of the date of their publication in the Official Gazette, except for those indicated in their respective paragraphs.

4. For employment contracts entered into prior to October 1, 2021, the employer may comply with the obligation to register the employment contract until April 30, 2022.

5. If during the period between October 1, 2021 and April 30, 2022, the employer modifies or terminates an employment contract entered into prior to October 1, 2021 and which has not yet been entered into the electronic labor registry, it must previously register it for purposes of incorporating the referred modification or termination.

Should you require additional information on this matter, you may contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).