A labor modification will take effect from January 1, which will vary administrative dynamics of companies. From that date, those in charge of the labor area must be attentive to the way in which they will receive subpoenas from the Ministry of Labor (MTSS).
The last law of Accountability established the obligation to establish an electronic address before the MTSS to the employers of the private sectorwho have dependent employees on their worksheet, with the exception of the domestic service.
In that email account they will receive notifications and communications from the ministry. The company that does not comply with this obligation will be intimidated. Failure to comply will be liable to fine of 10 Resettable Units (UR), which equal to $14,966.90. Before the entry into force of the requirement, the MTSS will regulate the procedures, terms and conditions for the constitution of the electronic domicile.
I work in companies
The Rendering of Accounts established that the conciliation hearings that are held will be notified at that electronic address. The notification will be understood to have been made when it is available in the inbox of the recipient’s electronic address or after three business days have elapsed from the moment in which the summons is in the inbox.
The lawyer Matías Pérez del Castillo, of Pérez del Castillo & Asociados, said to The Observer that in 2020 the MTSS approved a resolution that established the obligation to have an electronic address, but to initiate and carry out procedures. “The change that now provides for the obligation for broader aspects, such as citations or hearings, and that is a novelty,” he said.
He mentioned that currently when a company is summoned for a conciliation hearing You receive it on paper. Also when it is notified of a resolution or a fine. “As of the entry into force of the law, it will be by mail; then, it will be necessary to be attentive to the mail, to a private electronic address box before the ministry, ”he indicated.
“If the company fails to check the front desk, it may not find out about conciliation citations and may end up being fined. that can have relevant consequences for the dynamics of the company”, he alerted.
The possibility for a company to establish its electronic address in a law firm is not yet foreseen. “The law says that the ministry is going to regulate the procedures, terms and conditions; you have to wait for that to happen, ”he said.
For Pérez del Castillo, the modification means a cultural change for companies. “It’s fine, the environment is taken care of, there will be less paper. The notifications will be faster, you will not have to wait for it to be written, send it to the notifier, go to the company and leave it. Presumably the deadlines will be shortened,” he concluded.
