📋 Tender Overview
The reduction of waiting times the complete digitalization of procedures electronic control and a more specialized management in MSMEs are just some of the objectives of the new law that modernizes the Labor Directorate.The Senate dispatched the initiative last January as did the Chamber of Deputies thus marking the greatest modernization of this service since 1967 and which will allow the generation of better statistics to build public policies.Despite the foregoing the legislation did not include the possibility of appointing the director of the service by the President of the Republic and with the agreement of the Senate nor the creation of an advisory councilWHAT ARE THE MAIN MODIFICATIONSThe Law contemplates the following modifications in order to facilitate the exercise of the powers of the Labor Directorate- Electronic processing .- To allow a better and more expeditious exercise of the legal powers of the Labor Directorate such as audits conciliations mediations and ratification of settlements the information contained in the employment contracts and the circumstances of termination of the same which the employer will be obliged to register on the website of the Labor Office.- The Labor Directorate must legally relate and communicate including notifications summons and communications with employers workers organizations and union directors and users in general by electronic means and in that case all users may make their procedures actions requirements and requests by the same electronic means complying with the modalities and procedures established for this purpose by means of resolution.- It imposes on the Directorate the duty to have an electronic system for the processing and follow-up of complaints inspection processes requests for pronouncements and queries that users have regarding procedures or processes in progress of which they are part.- The management and treatment of the data to which the Management has access contained in the records they administer is regulated especially with respect to those referring to data classified as sensitive.- It reformulates the figure of Labor Mediation and it will be understood as the conflict resolution system in which an impartial third party called a mediator without decision-making power collaborates with the parties and facilitates the search by themselves of a solution to the conflict and its effects through agreements.- It incorporates among the types of labor mediation in addition to the voluntary one itself that in which the Labor Directorate ex officio summons or summons the parties to a voluntary mediation for the purposes and exercise of its powers.- Regulates the participation in the mediations of expert advisors who are previously registered in a payroll that will be kept by the Labor Directorate.- It provides that the procedure for monitoring compliance with labor social security and occupational health and safety legislation carried out by the Directorate must especially comply with the principles of responsibility gratuity efficiency effectiveness coordination contestability of the administrative acts control administrative probity transparency and publicity that govern the actions of the organs of the State Administration. For this the Superior Head of the Service must issue a resolution that contemplates the procedure which must contain an enunciation of the rights and duties of those involved and interested in it.- It cr ea the Service Unit Micro Small and Medium Enterprises to within the Department of Labor Relations of the Department of Labor whose role will be to manage such specialized needs and requirements of micro small and medium enterprises with object of promoting and facilitating compliance with labor and social security regulations. This unit will function as a single window.- For these purposes a micro company will be understood to be one that has contracted from 1 to 9 workers a small company that has contracted from 10 to 49 workers and a medium company that has contracted from 50 to 199 workers. - Reduces the range of fines applicable to micro enterprises for transgressions of labor regulations which is established between 1 to 5 UTM.
