On May 9, 2024 Exempt Resolution No. 38 of the Labor Directorate was published in the Official Gazette, which establishes the requirements that electronic registration and control systems for attendance and work hours must meet. In this regard, we highlight the following points:

• Minimum components: The minimum components that the systems must include are established, such as hardware for enrollment and/or capture of markings, means of identification, recognition and/or enrollment, inspection 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.
  Integration with access control: The attendance registration system may be integrated with a venue access control system (for example, turnstiles), subject to compliance with certain requirements.
• Access to information by main companies and Transitional Service Companies: It is allowed to give access to these companies to review the attendance record information of subcontracted or made available workers, as appropriate.
• Inspection: Rules are established for inspection by the Labor Directorate through the aforementioned inspection portal.
• Training: Prior to its use, all workers affected by a new electronic attendance registration and control system must be properly trained in its use.
• Advertising of the rules of use: The rules applicable to workers regarding the use and care of the systems must be incorporated into the internal regulations of order, hygiene and safety. Employers not required to have this regulation must incorporate them in their employment contracts or their annexes. The same applies to procedures, protocols, flows or deadlines associated with password changes, email modifications and others.
• Time flexibility: Employers are allowed to establish time flexibility systems, in which the worker can choose the start time of the day within a time slot, automatically adjusting the time of departure according to the effective time of entry.
• Documents and signatures: The system must allow the creation and signing of electronic documents.
• System to implement: The employer must maintain a single type of registration 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 teleworking workers. Exceptionally, more than one system can be used in companies that employ workers who are obligatorily subject to a special system (for example, intercity transport drivers).
• Requirement for authorization from the Labor Directorate: Employers who use an electronic attendance registration and control system must choose between the platforms authorized by the Labor Directorate. The Labor Directorate will publish a list of authorized electronic systems on its website.