As a starting point, an “employer” is any person or entity that utilizes the services of one or more workers, in virtue of a labour contract¹.
As an employer, there is an extensive list of obligations that you must fulfill to comply with the applicable labour norms.
In this article, we will go through the primary obligations that you are responsible for fulfilling as an employer:
- Register yourself as an employer at the Social Security Institute (IPS for its Spanish acronym);
- Register your workers at the REI system;
- Register yourself as an employer at the Ministry of Labour, Employment and Social Security (MTESS for its Spanish acronym);
- Register your workers at the REOP system;
- Communicate personnel movement through the REOP and REI systems;
- Keeping labour books (book of Employers and Workers, Book of Salaries and Wages and, Book of Registry of Annual Vacations) rubricated by the administrative authority;
- Perform the annual presentation of labor spreadsheets in conformity with the modality and term established by the administrative authority.
- Counting with Internal Work Rules approved by the administrative authority provided that you count with at least 10 workers;
- Counting with the resolution that allows night shifts, provided that your business involves working hours between 20:00 and 6:00;
- Presenting the work contracts to an administrative authority for their approval in the required cases;
- Keeping in order all the documents related to personnel movement;
- Performing admission and periodic medical exams;
- Paying the remuneration to workers in the agreed conditions, terms and place;
- Paying the extraordinary annual bonus;
- Granting the remunerated yearly vacations to the workers after each working year;
- Granting the workers license to comply with personal obligations imposed by law or governmental dispositions;
- Issuing special licenses to workers in special cases;
- Implementing the necessary precautions to protect the safety, health, hygiene and comfort of the workers; and,
- Implementing lactation rooms in the case that you count with more than 30 workers in the same place.
We encourage all employers to comply with their labour obligations to avoid any sanctions and fines. The Altra Legal team has expertise on this matter and could be of great assistance.
For more information on labor obligations and preventive labor advisement, contact Attorney Andrea Reiser (firstname.lastname@example.org).
¹ Law N.° 729/1961 which sanctions the Labor Code, Article 25.