Exempt Resolution No. 38 of the Labor Directorate was published in the Official Gazette, which establishes the requirements to be met by electronic systems for the registration and control of attendance and working hours. In this regard, we highlight the following points:

• Minimum components: The minimum components that the systems must contemplate are established, such as hardware for enrollment and/or capture of markings, means of identification, recognition and/or enrollment, control portal (accessible to officials of the Labor Directorate), among others.
• Enrollment and identification or authentication: Rules are established for the process of enrollment and identification of workers and possible alternatives. Employers must establish in the employment contract, or in the internal regulations, the primary and secondary form of identification to be used. 
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• Integration with access control: The time and attendance system may be integrated with a site access control system (e.g., turnstiles), subject to compliance with certain requirements. 
• Access to information by main companies and Temporary Service Companies: These companies may be given access to review the attendance record information of subcontracted workers or workers made available, as appropriate. 
• Supervision: Rules are established for the supervision by the Labor Department through the aforementioned supervision portal. 
• Training: Prior to its use, all workers subject to a new electronic attendance registration and control system must be duly trained in its use. 
• Publicity of the rules of use: The rules applicable to workers regarding the use and care of the systems must be included in the internal rules of order, hygiene and safety. Employers who are not obliged to have these regulations must incorporate them in the work contracts or their annexes. The same applies to procedures, protocols, flows or deadlines associated with password changes, e-mail modifications and others.  
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• Flexible working hours: Employers are allowed to establish flexible working hours systems, in which the worker may choose the time to start the workday within a time frame, automatically adjusting the time of departure according to the effective time of entry. 
• Documents and signatures: The system should allow for the creation and signing of electronic documents. 
• System to be implemented: The employer must maintain only one type of recording and control system (paper only or electronic only). When an electronic system is used, the same commercial product must be used for all facilities and teleworkers. Exceptionally, more than one system may be used in companies that employ workers who are obliged to use a special system (for example, interurban transport drivers).  
• Requirement of authorization by the Labor Department: Employers that use an electronic time and attendance system must choose among the platforms authorized by the Labor Department. The Labor Department will publish on its website a list of authorized electronic systems. 

Contact us for more information. 

Gustavo Cuevas Manríquez 

Senior 

gcuevas@cuevasabogados.cl  

José Olbrich 

Asociado Socio

jolbrich@cuevasabogados.cl

Felipe González 

Asociado Senior 

fgonzalez@cuevasabogados.cl