Last Friday, august 13th was published in Diario de Centro América the Ministerial Agreement No. 324- 2019 of Ministry of Labour and Social Security: “Instructive for the Presentation and Electronic Records of Individual Contracts of Employment,”

This instructive has as objective the implementation of an automated system to present and register the individual contracts of employment to the Department of Labour Registry of the General Address of Work, this one is developed with regulatory precepts that are detailed in the Law to the Recognition of Communications and Electronic Signatures, Decree 47-2008 of the Congress of the Republic of Guatemala.

This is a new step to the presentation of services to the population, that will facilitate to the employees the fulfillment of the Article 28 of the Working Code, as we know, “the individual contracts have to be in written, three copies: one copy is for each one of the parties involved in the contract, the other one the employer is obligated to send directly to the Administrative Department of Labour or send it through the closer working authority, in due time of 15 days after the conclusion of the contract, modification or modifying notation.

In this instructive is established the enforceability of the presentation in electronic records of all the individual contracts of employment, the Department of Labor Registry will not receive in its offices or branches any contract presented printed as of last September 9th of the current year.

Every employer will have to register the individual contracts of employment by recording the data and attaching the requested documents, they can use any of the different types to present it:
• Signed individual contract of employment by the involved parties in physical form and has to be sent in PDF form.
• Signed individual contract of employment by the involved parties in digital form and using the tool to place the electronic signature.

The Ministry of Labour will make a review of the individual contracts of employment; it has to ensure the fulfillment of the established requirements of the labor law and social prevention. In case of infringements or omissions are made, the corresponding department will proceed to review every contract, however, it will notified to the General Labour Inspectorate to determine the possible infringement or omission that could exist, this has as object to start with an administrative procedure. The Ministry of Labour and Social Security keep upgrading themselves to facilitate the procedures and to lay on technology, always looking to be a “green” ministry, environmentally friendly and be always forefront.