Ministerial Agreement No. MDT-2025-053, issued on May 12, 2025, and published in the Official Register on May 15 of the same year, amends Ministerial Agreement No. MDT-2023-140, which sets forth the General Regulations Applicable to the Control of Employer Obligations and Inspection Procedures.

Amended Articles and Key Changes

1. Article 1: Incorporation of Article 5.1 regarding the HASH code.

• The Ministry of Labor will generate a HASH code to be applied to scanned documents uploaded to the system.
• This code ensures the preservation of the document’s digital fingerprint, validating its authenticity and approval.

2. Article 2: Replacement of Article 6 with new provisions on Employment Contract Registration.

• Employers are required to register and maintain the information of all active workers in the platform enabled by the Ministry.
• Registration must be completed within one (1) month of the employee’s start date.
• Employers must retain original and digital documents to present them to authorities upon request.
• Employers seeking to reduce working hours must obtain prior approval from the Ministry of Labor in accordance with Article 47.1 of the Labor Code and record the change in the designated system.
• The Ministry will not retain physical or digital copies of the labor obligation documents recorded in the system; the exclusive responsibility for document preservation lies with the employer.

3. Article 3: Addition of articles following Article 6 concerning the obligation to deliver documentation.

• Article 6.1: Employers are obligated to provide employees and former employees with documentation (original or certified copies), including employment contracts, termination agreements, pay slips, and other documents related to the employment relationship. Non-compliance will be subject to penalties.

4. Article 4: Replacement of Article 12 regarding domestic service employers.

• Employers must comply with the obligations established in this chapter, including registration on the platform and signed forms from both employer and employee.
• Proof of payment must be retained and safeguarded by the employer.

5. Article 5: Addition of Article 12.1 regarding employers with artisan certification.

• Employers with artisan certification must register administrative employees in the relevant module of the Ministry of Labor’s system.
• This requirement does not apply to artisan operators and apprentices, pursuant to the Law for the Defense of Artisans.

6. Article 6: Replacement of Article 19 concerning the registration of termination agreements.

• Employers must register termination agreements and former employee data on the Ministry’s platform.
• Registration must occur within 15 days after the employment relationship ends.
• The agreement must be signed by both parties and uploaded as a PDF along with proof of payment to generate a HASH code and complete the legalization process.

7. Article 7: Replacement of Article 20 concerning payment by consignment.

• Employers have a maximum of 15 days to locate and directly pay a former employee who has not collected or has refused to accept their severance.
• If the former employee does not appear to collect the payment, the employer must make the payment via the Ministry’s online consignment system.
• The process involves:
  • Generating the termination agreement in the Ministry’s system.
  • Obtaining the employer’s virtual confirmation of the accuracy of the submitted information.
  • Submitting documentation demonstrating compliance with employer obligations for review by a labor inspector (e.g., pay slips, deduction justifications).
• The inspector will validate the agreement and documentation and authorize the payment.
• Once payment is made, the employer must upload the signed agreement and proof of payment to complete the legalization process.
• Employers are responsible for keeping all physical and digital records under their exclusive custody for future audits or inspections.

8. Article 8: Replacement of Article 24 regarding approval of internal labor regulations.

• The Regional Director of Labor will issue a resolution approving the regulation.
• If registration is denied, the petitioner must refile the request.
• A non-extendable period of 15 days is granted to download the document for recordkeeping; afterward, the file will be automatically deleted.
• Information will be stored indefinitely, and the Ministry will conduct random audits.

9. Article 9: Addition of General Provisions Ten and Eleven.

• Certification and custody of information and documents uploaded to the system, including those protected by a HASH code, are the exclusive responsibility of the employer.
• The Ministry of Labor assumes no responsibility for the physical or digital preservation of such documents.
• Once the deadlines for registration, approval, or reporting expire, uploaded documents will not be retained by the Ministry. Any information not downloaded within the allotted time must be re-entered, and the corresponding penalties will apply.

Transitional Provisions

Within 1 month from the effective date, a HASH Code User Manual will be issued to inform the public about the new labor obligation registration process.ring.

Within 2 months from the effective date, various departments of the Ministry of Labor must update processes, tools, and systems for the implementation of this Ministerial Agreement.

For additional information, please contact: laboral@bustamantefabara.com

Prepared by: Dr. Francisco Vacas, and Atty. Emilia Montalvo