Events

Paperless offices: the secret of digital transformation

25 April, 2019

Zetech, the company that developed the turecibo.com platform, to promote the processes of human resources, organized the first edition of “The Secret of Digital Transformation”, with the purpose of exposing digital transformation in companies.

Alessandri Labor team made it possible to obtain the authorization to use the documentary management platform and electronic signature, turecibo.com, by the Labor Directorate.

Rodrigo Velasco Alessandri and Sebastián Garrido, participated in this event by answering the legal questions of the public.

a) Allow the examiner a direct consultation of the information via the Internet from the website of the company where the electronic record and storage system of the proposed labor documentation is implemented, from any computer of the Labor Directorate connected to the Internet, to from the employer’s RUT

b) Consider a security measure to be established jointly with the respective employer, in order to ensure that the inspection work of the electronic documentation can be carried out without impediment or restriction, whether due to date, volume, type of document, or any other cause that prevents or limits its practice.

  • This measure must be understood in harmony with the indicated in letter a) above, since it seeks that the access of the examiner to the documentation is permanent and fluid and, for its part, letter b) under consideration, intends that the connection that guarantees the delivery of the audited records is safe for the employer, regarding the protection of the information.

Clarified the above, it is of the case to point out that according to the information held for the preparation of this report, the platform under examination complies with the requirement in question.

c) The system must allow equal consultation and form of previously signaled access from computers of the supervised employer, in place of work. According to the background examined, the platform consulted would meet this requirement.

d) Allow the printing of labor documentation, and its certification through simple or advanced electronic signature, if applicable, depending on the legal nature of the document and the effects that it should produce. The platform would also comply with the indicated requirement.

e) Allow directly to the supervised employer and with the sole identification of the examiner, the ratification of the labor background by simple or advanced electronic signature, depending on the nature or legal effects that the document should produce. According to its presentation, the system complies with this characteristic.

Likewise, it is necessary to emphasize that the administrative jurisprudence of this Directorate has indicated, among others, in Ord. Nº4890, of 17.12.2013, the following operating requirements related to the dependents that use the platform:

  • The workers must expressly consent that their documentation derived from the employment relationship be prepared, processed, signed and submitted electronically.
  • In effect, the recipients of electronic communication must consent to such a measure, since the maintenance of an electronic mail account is not a requirement imposed by the legislator to receive their documentation emanated from the employment relationship. In this way, if the worker does not agree to this method of delivery, their labor documentation must be delivered on paper.
  • Once finished, the system must automatically send the document by e-mail to the private e-mail that the worker previously indicated to his employer.

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