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.
