Co-funded by the European Union

Chile: New Electronic Payroll Book Law

  • Law No. 21,327 (Labour Directorate Modernization Act), published in the Official Gazette on 30 April 2021, came into force on 1 October 2021.
  • It aims to modernise the Labour Department, also through the incorporation of new technologies and the digitalisation of procedures.
  • On 28 October 2021, the law was published in the Official Gazette the Supreme Decree No. 37 of the Ministry of Labour and Social Security, which approves the Regulation of Law No. 21,327.

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All employers governed by the Labour Code with five or more employees must keep a remunerations book. According to the new law, the data must be collected and declared in the so-called 'Electronic Remuneration Book', and then uploaded to the website of the Labour Department. This registry is available on the website of the Labour Directorate, under employer’s portal.

It includes all the information related to payments of remunerations, allowances, other benefits and indemnities made to the employees, which the employer must register within the first 15 days of the month following the respective payment.

Moreover, employers are required to register the employment contracts in the electronic website of the Labour Board within 15 days as of their execution, as well as the termination of the employment relationship within the timeframes established in the Labour Code.

Employers will soon have to register more and more employment data including:

  • Sanctions against employees within 15 days from their adoption (effective as of 28 November 2022);
  • Collective bargaining instruments within five days from the execution (effective as of 28 June 2023);
  • Attendance, holidays, leaves and leaves of absence of the employee (effective as of June 28, 2023).

Employers can also voluntarily register other data and documents such as settlement agreements, or, from 28 July 2022, also the court ruling declaring the existence of a single employer.

It is important to highlight that the Labour Directorate has access to employees’ personal data and must process them subject to the rules of Law No. 19,628 on Privacy Protection and only for the fulfilment of its legal functions.