by Juan Manuel González | Jul 12, 2024 | Noticias-en
On June 11, 2024, Interministerial Agreement No. MCEIP-MDT-2024-001-AI was signed between the Ministry of Labor and the Ministry of Production, Foreign Trade, Investments and Fisheries. The new regulations stipulate that companies wishing to obtain the “Violet Seal” must take into account principles, norms, actions and indicators that demonstrate the employer’s commitment to eliminate barriers, wage gaps, situations of violence, harassment and discrimination, promotion of promotions and conciliation with care tasks, elimination of discriminatory permits and breastfeeding, as well as the promotion of equality in collective bargaining.
Both ministries announced that they will grant the following benefits to companies that obtain the “Violet Seal”:
Procedure for obtaining the “Violet Seal”:
To obtain this badge, companies must submit the following documents through the Document Management System of the Ministry of Labor:
Application form for obtaining the “Violet Seal” Distinctive.
Payroll of Workers.
Notice of Entry to the IESS of the workers.
Payment roles for the last three months of the workers.
Proof of payment of the workers’ reserve funds; delivery of supplies, instruments; delivery of clothing.
Document of not being in arrears or maintaining glosses or credit titles in the certificate of compliance with obligations issued by the IESS.
Documents that demonstrate compliance with the Program for the Prevention of Psychosocial Risks registered in the Ministry of Labor.
Comply with the equality policies and the guidelines provided by the Ministry of Labor for compliance with these.
Not having been sanctioned for a complaint from a worker due to discrimination, workplace harassment, sexual harassment at work or violence against women in the last three (3) years.
Equality Plan Registry.
Job Manual in accordance with current regulations.
Human Talent/Human Resources List that includes promotions and professional development.
Registry of training carried out in the last year.
Implementation of current regulations to eliminate harassment, violence and discrimination.
Within 60 days of submitting the documentation, the certifying entity will issue a report analyzing the submitted documentation and will decide whether to approve or deny the granting of the “Violet Seal”. Once the Ministry of Labor knows the final approval report, it will grant the “Violet Seal” Resolution and its distinctive mark.
The duration of this badge will be 1 year from the date of delivery and may be renewed for equal periods indefinitely.
Finally, the Ministry of Labor reported that it will delegate the review of the requirements and certification of this distinction to entities that meet the requirements set forth in the regulations. Likewise, labor inspections may be carried out to verify the effective application of the actions implemented in the prevention, promotion and guarantee of women’s rights in the workplace.
If you require additional information, please contact the email laboral@bustamantefabara.com
by Juan Manuel González | Jul 2, 2024 | Noticias-en
New provisions of the Ministry of Labor, Employment and Social Security (MTESS) are established to update and simplify registration in the Employer-Worker Registry, the presentation of mandatory documents and work books, and the electronic transmission of data and documents.
1. Registration in the Employer-Worker Registry
All employers must register in the Employer-Employee Registry at the start of their activities and register their branches in the event of new openings.
Registration in the Employer-Worker Registry can be done through:
MTESS web platform.
Web platform of the Unified System for Opening and Closing Companies (SUACE).
Automated registration through the link between the computer systems of the MTESS and the Social Security Institute (IPS).
Regarding branches, these must be registered:
Branches with economic activity different from those registered: At the beginning of the employment relationship;
Branches that have the same activity different from those registered: Upon opening of the branch in the RUC.
2. Communications Mandatory to the MTESS
The following communications are established as mandatory:
Entries and exits of workers;
Licenses, permits and vacations;
Disciplinary sanctions;
Work accidents and occupational diseases;
Salary settlements, Christmas bonuses, family bonuses;
Justified and unjustified absences;
Notice communications and settlements for termination of employment contract;
Enabling daycare centers and breastfeeding rooms.
Updating company and employee data through the MTESS platform.
3. Labor Information Book
The Labor Information Book is enabled, replacing the labor books of salaries and wages, vacations and employees.
The Labor Information Book will be kept in digital format and records detailed information on workers in accordance with communications made by employers to the MTESS platform.
For MSMEs, this book is replaced by the Single Personnel Registry in digital format.
The validity of the book requires confirmation of the data by the employer within the period set by the MTESS. The confirmation will occur automatically at the end of the period, with a mechanism to rectify or modify the data later.
The Labor Information Book contains the following information:
Name and surname, address, identity card, date of birth, marital status, profession, position, nationality.
Start and end date of the employment relationship.
Days and hours worked.
Weekly day of rest.
Salaries received and their purpose.
Overtime worked and amount received for them.
Dates on which each of the workers took their vacations, the duration and the remuneration granted.
Christmas bonus.
4. Digital System for the Transmission of Data and Documents
The MTESS will implement a platform for the digital transmission of data and documents that employers must submit in accordance with current regulations.
The MTESS and IPS systems will be linked to automate communications regarding the entry and exit of workers and employer registrations.
5. Fines for Non-Compliance
Registrations on the MTESS web platform must be completed within 60 days. Failure to comply will be punished with fines of 10 to 20 minimum daily wages.
Late communication of data will be punished with fines of 1 to 3 minimum daily wages. Lesser fines will apply to MSMEs.
6. Gradual Implementation
The MTESS will establish the dates for the gradual entry into force of the Labor Information Books and the Single Personnel Registry in digital format and the employers that will be reached.
Employers who are not temporarily covered must continue to submit their pending payroll forms for the 2024 period and prior periods, and make the mandatory communications through the MTESS platform.
Failure to submit tax forms will be punished with fines of 10 to 20 days’ wages, with lesser fines for MSMEs.
7. Retroactivity
Employers affected by the gradual implementation will have to retroactively make communications and updates from January 1, 2024 to establish books and records of labor information.
by Juan Manuel González | Jun 26, 2024 | Noticias-en
At this time of year, when important sporting events are taking place (Copa América and Euro Cup) or are about to begin (Olympic Games), it is an excellent opportunity to analyze the importance of compliance in the sports industry.
The sports industry is a dynamic sector with great visibility worldwide. Sporting events attract millions of spectators, generate huge revenues and have a significant impact on society. However, the increasing complexity and globalization of related activities have brought with them various ethical and legal challenges. In this context, regulatory compliance has become an essential component to ensure the integrity and sustainability of sport.
Sports, like other industries, are not exempt from cases of corruption and fraud. Corruption scandals at renowned sports organizations have shown the need for robust compliance systems. The implementation of compliance programs has been crucial to providing credibility and transparency in organizations as important as FIFA.
Protection of the Rights of Athletes
Compliance is also vital to protect the rights and well-being of athletes. Cases of abuse and exploitation have highlighted the need for clear policies and effective reporting mechanisms. The lack of adequate compliance mechanisms could have contributed to multiple complaints related to inappropriate conduct in the field of sports of different types.
Compliance plays a crucial role in promoting gender equality and inclusion in sport. Gender discrimination and lack of female representation in management positions are persistent problems in many sports organisations. For example, UEFA has adopted compliance policies to promote gender equality, including the implementation of gender quotas in its committees and the promotion of development programs for women in sport. These measures help create a more inclusive and equitable environment.
Financial Transparency and Sustainability
Transparent financial management is essential for the sustainability of sports organizations. Financial compliance ensures that funds are used appropriately and fraudulent practices are avoided. A notable example is UEFA’s Financial Fair Play (FFP), a set of regulations designed to improve the financial transparency and sustainability of European football clubs. The FFP requires clubs to operate within their financial means, which helps prevent excessive debt and promotes fairer competition.
In that sense, a strong compliance program can also improve the reputation of sports organizations and increases the trust of sponsors, fans and other stakeholders. Public perception of integrity and transparency is crucial in the sports industry. For example, the International Olympic Committee (IOC) has implemented strict compliance measures to ensure transparency in the selection of host cities and the management of the Olympic Games. These measures have been fundamental to maintain confidence in the Olympic institution.
The World Anti-Doping Agency (WADA) is an example of how compliance can be implemented at a global level to combat unfair competition. WADA establishes and supervises the application of anti-doping rules, which helps maintain the integrity of sports competitions, rules that are applied in all countries that participate in international competitions.
Personal data protection
“Athlete data analysis is increasingly common in sport. Likewise, this analysis has transcended the teams and has been widely disseminated to the fans in general. In this way, it is common to know how many kilometers a soccer player traveled, his weight, hours of training, among others. The way in which this data is collected, processed and shared is an aspect to consider, since the bases of legitimacy for processing personal data may vary from one country to another and, furthermore, some of this data could be considered personal data. sensitive in some legal systems,” indicates Juan Carlos Tristán, Partner of the BLP firm in Costa Rica and with a strong presence in Central America.
According to Rodrigo Albagli, partner at the albabli zaliasnik legal firm in Chile, “in sports, compliance has become a fundamental pillar to guarantee transparency, ethics and integrity in all operations. Implementing regulatory compliance programs not only ensures that clubs and sporting organizations adhere to applicable laws and regulations, but also promotes a fair and responsible sporting environment.
For the reasons described, we can affirm that compliance in the sports industry is not only a matter of complying with laws and regulations, but also of promoting a culture of integrity, transparency and responsibility. Robust compliance programs help prevent corruption, protect athletes’ rights, promote gender equality and inclusion, ensure financial transparency, enhance reputation and encourage fair play. The effective implementation of these practices is essential for the sustainable and ethical future of sport. Sports organizations that take a proactive approach to compliance will be better positioned to meet the challenges and seize opportunities in this dynamic and ever-evolving environment.
by Juan Manuel González | May 30, 2024 | Noticias-en
On May 28, 2024, the Agreement issued by the Technical Council of the Mexican Social Security Institute (IMSS) was published in the Official Gazette of the Federation, which contains the general Rules for the new voluntary incorporation scheme to the Mandatory Regime. of Social Security for self-employed people.
The Agreement provides administrative facilities to guarantee that national and/or foreign independent workers have access to social security, through a simplified scheme for voluntary incorporation into the Mandatory Regime called “ Insurance for Independent Workers ”.
To contract this Insurance, the interested party must obtain their Social Security Number (NSS) to affiliate with the Mandatory Regime, with the obligation to pay the worker-employer fees that will be calculated based on the reported income. The contracting of this type of insurance must be carried out on the 20th of the calendar month and failure to pay in a timely manner will be considered an affiliation movement of withdrawal.
Mexicans abroad and foreigners in national territory may contract this Insurance, so that their beneficiaries enjoy comprehensive social security coverage in Mexico.
The IMSS will enable an electronic system for contracting Independent Worker Insurance, in which the interested party must provide the following information:
- Income corresponding to your occupation;
- Activities carried out to cover work risks;
- Frequency of voluntary incorporation (monthly, bimonthly, semiannual or annual);
- If you wish to make contributions to INFONAVIT (optional); and
- Automatic renewal of the insurance period.
Finally, it is established that the IMSS will monitor the contracting of this Insurance and may exercise its verification powers to prevent employers and/or obligated subjects from resorting to this modality to evade the obligation to pay social security contributions.
by Juan Manuel González | May 28, 2024 | Noticias-en
On May 9, 2024, Supreme Decree No. 10 was approved, which modifies the Regulations of the Mining Code to adapt it to the latest legal changes.
These modifications correspond to Law No. 21,649, published in the Official Gazette on December 30, 2023, introducing changes to the Mining Code, the Constitutional Organic Law on Mining Concessions and the Law that creates the National Geology and Mining Service ( SERNAGEOMIN).
Likewise, on May 2, 2024, Supreme Decree No. 9 of the Ministry of Mining was approved, which establishes the new regulations that regulate the obligation to deliver geological information.
Below, we address the main changes introduced to the mining legal and regulatory framework, taking into consideration those made by Law No. 21,420, Law No. 21,649 and the aforementioned regulatory changes.
I) Amount of annual mining patents
The difference between metallic and non-metallic concessions is eliminated, increasing the value of non-metallic mining patents in accordance with the standards reviewed below:
• Exploration patents increase their amount from 1/50 to 3/50 of the Monthly Tax Unit (UTM) per hectare.
• Regarding exploitation concessions for the year 2024, 1/10 of UTM per hectare will continue to be paid exceptionally for exploitation concessions. From now on, if the mining properties do not fall within the scenarios provided by law, they will be subject to a progressive increase from 4/10 of UTM per hectare during the first five years since they are not considered in the assumptions of the law for the reduced patent, up to 12 UTM per hectare from the thirty-first year.
The law establishes the following hypotheses of reduced patent (1/10 UTM per hectare):
Effective work in the concession: The performance of mining work, having to annually certify that work, activities or works have been started that permanently and continuously allow the development of mining operations, understood as those referred to in Law No. 20,551. That Regulates the Closure of Mining Sites and Facilities (Site Closure Law), including those that derive from compliance with a mining site closure plan. The consideration for such operations will be applied regardless of whether they are carried out on owned or leased property.
Favorable environmental qualification resolution: Without the need to demonstrate work, the mining belongings are included in a mining development project that has obtained an Environmental Qualification Resolution (RCA) or has been admitted for processing in the Environmental Impact Assessment System ( SEIA) for qualification, in accordance with Law No. 19,300, on General Environmental Bases.
Mining Safety Regulations: If the requirements of the previous hypotheses are not met, it is possible to opt for the reduced patent with respect to those belongings included in a project that, without having the obligation to enter the Environmental Impact Assessment System, is in process. any of the permits established in title XV of the Mining Safety Regulations. The patent can only be determined for this concept one time.
On the other hand, the regulation includes in its new article 53 the details of the information that must accompany the mining concessionaire who wants to obtain this benefit. For natural persons, legal mining companies, mining cooperatives or individual limited liability companies that are owners of one or several properties whose total area does not exceed 500 hectares, the benefit of accessing a reduced patent is established if the development of work is accredited. in the area of at least one concession under any of the cases indicated above, assuming that they will remain in such situation for the next five years.
Likewise, the reduced patent will only apply to those mining properties included in a mining production unit and its possible expansions. A mining productive unit is understood to be the set of facilities and workplaces that are organized to ensure the functioning of mining operations, understood as the facilities and workplaces indicated in letter i) of article 3 of the Mine Closure Law. .
II) Duration of exploration concessions
Exploration concessions will have a validity of 4 years, renewable for up to 4 more years if some requirements for the delivery of geological information or processing before the SEIA are met.
For this, the mining concessionaire must, within the first six months of the last year of its concession, present to SERNAGEOMIN a report with all the geological information obtained in the exploration works that have been carried out during the validity of its concession, and must comply with Supreme Decree No. 9 of 2024 of the Ministry of Mining or the regulation that replaces it.
Alternatively, the holder may present to SERNAGEOMIN the documentation that accredits the obtaining of an RCA with respect to his mining project in the period of duration of the concession, or the admission of his project for processing in the SEIA.
For the purposes of obtaining the indicated extension, a certificate must be obtained from SERNAGEOMIN that demonstrates compliance with the requirements, which must be sent to the competent legal court. Once the resolution granting the extension is obtained, it must be extracted, published and noted in the margin of the respective registration.
Exploration concessions whose validity expires during the year 2024 will be understood as extended until December 31, 2024, and the right to extend may be exercised for another 4 years within the first half of 2024.
Furthermore, once the exploration concession has expired, a one-year prohibition is established on the original exploration concessionaire and its related persons from reacquiring exploration concessions in the area of the expired exploration concession.
III) Limitation on the exercise of possessory actions
There is a change in the exercise of possessory actions in the sense of requiring the mining concessionaire to exercise a possessory action (such as the complaint of new construction, for example) against the owner, possessor or mere holder of the surface properties, prove that he or she is the holder of an easement right or other real right over said surface property.
Likewise, it is established that it is optional for the judge to decree the suspension or stoppage of the reported works, and the concessionaire must prove that he is the holder of a real right and provide background information that justifies the serious and imminent danger that the non-granting of the suspension or stoppage entails. . Furthermore, if the cessation of the works is decreed, the owner may cause their effects to cease by providing sufficient security to allow them to respond for their demolition or compensation for damages.
This represents a radical change in the protection of assets and critical infrastructure of projects, and the maintenance of much mining property that was only maintained for reasons of security of non-mining assets must be re-evaluated.
IV) Delivery of geological information
A change is introduced in the delivery of geological information, specifying delivery times and increasing the fine for non-delivery to 100 UTA, which may be doubled if said information is required by SERNAGEOMIN, also disabling the mining concessionaire from obtain the benefit of reduced patent.
In accordance with the new regulations, exploration concessionaires will have a period of 30 days, counted from the expiration of their concession, to send SERNAGEOMIN a report with all the geological information obtained from the exploration work carried out in the area corresponding to said concession.
Along with the above, the exploration concessionaire must submit a report with all the geological information obtained in the exploration work that has been carried out during the validity of its concession before requesting the renewal of its concession for another 4 years.
Regarding the exploitation concessionaire, it must send to SERNAGEOMIN every two years a report with all the geological information obtained from the geological exploration work carried out during said period.
The detail of the geological information to be delivered is contained in the new regulation that regulates the obligation to deliver geological information contained in Supreme Decree No. 9 of 2024 of the Ministry of Mining.
The most relevant aspects of the regulation are:
The report with the geological information must be presented through a form that SERNAGEOMIN will have for these purposes on its website.
The background information that must be accompanied and its delivery format are established, which include a presentation of the project, georeferenced geological maps, geophysical surveys, geochemical surveys, drilling information, and others.
The geological information received by SERNAGEOMIN will continue to be the property of the reporting company, but will be public information in accordance with the provisions of Law No. 20,285 on Access to Public Information.
The reporting company may request that all or part of said information be considered confidential for up to 4 years from its delivery.
V) Change of datum
The references and mention of the change of datum to SIRGAS are eliminated, leaving the future modification entrusted to the Regulations of the Mining Code. Likewise, a procedure is established that SERNAGEOMIN and the mining concession holders must follow for an eventual change of datum in the future.
VI) Request for a final ruling
The regulations introduced a change in the background information that must be included in the request for a ruling. In this way, it is now not necessary to indicate on the map that accompanies the request for a ruling the corresponding letter from the Military Geographic Institute at a scale of 1:50,000 where the midpoint of the petition is located.
VII) Cabinet measurement and new deadlines
The requirement for field measurements and the construction of milestones is eliminated, allowing for a lower-cost measurement operation carried out in less time.
Furthermore, as a result of the greater simplicity of the measurement operation, the deadlines for requesting the measurement are modified, from 200 to 220 days to 90 and 120 days counted from the presentation of the manifestation, and for the presentation of the plan and measurement report. 15 to 10 months from the date of presentation of the manifestation.
VIII) Elimination of point of interest from the mining manifestation
Article 45, paragraph 2 of the Mining Code allowed, in the case of mining manifestations of a group of belongings not exceeding 100 hectares, the description of the point of interest indicating its most important signs. precise details and characteristics, the name of the property or mineral seat and the province where it was located. Through the last modification, this alternative was eliminated and from now on it will only be possible to indicate a point of interest in the mining manifestation using UTM geographic coordinates
IX) Entry into force.
With the exception of the rules referring to changes to the delivery of geological information, measurements and milestones, which will come into force once the corresponding regulatory changes have been made, the rest of the referred rules have already come into force.
Both the modification to the Mining Code Regulations and the delivery of geological information are being processed before the Comptroller’s Office.
For more information about these issues and their implications, you can contact:
Antonio Rubilar | Director of Public Law and Regulated Markets group | arubilar@az.cl
Alejandro Montt | Director of Mining, Energy and Natural Resources | amontt@az.cl
