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Resolution 27/2020 issued by the Ministry of Labor amending Resolution 23/2020 on the Regulation of Remote Work

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Resolution 27/2020 issued by the Ministry of Labor amending Resolution 23/2020 on the Regulation of Remote Work

Last November 12th, the Ministry of Labor issued Resolution 23/2020 on the Regulation of Remote Work as a special modality of work, which, among other provisions, establishes that the agreements for working remotely entered into before the enactment of the Resolution must adjust to its provisions and in a term of 30 days from its publication to be communicated to the General Labor Direction of the Ministry of Labor.

However, due to current labor conditions generated due to the pandemic and the national declarations of emergency since March 19 this year, there is still a significant number of employees who are working remotely, which impeded the companies to comply with the formality of communication of the agreements within the 30 days’ term set forth by Resolution No. 23/2020 abovementioned.

In that sense, and due to the request of multiple actors of the system, asking for an extension of the 30 days’ term, the Ministry of Labor considered appropriate proceeding in accordance with such requests, executing it through Resolution 27/2020 as of December 12th, 2020 published in the web page of the Ministry of Labor and on digital media on December 14th, 2020.

The object of Resolution 27/2020 is to modify Paragraphs II and III of Article Third of Resolution 23/2020 that established the 30 days’ term for the communication of the agreements and/or its addenda, as follows:

I. Object
A)In addition to the written agreement the Ministry of Labor shall acknowledge those in digital format through the use of qualified electronic signature pursuant to Law No. 126-02 as of September 4th, 2002 on Electronic Commerce, Documents and Digital Signatures, its rules for application and the norms issued
by the Telecommunications Dominican Institute (INDOTEL);

B)When the agreement and/or its addenda are in a digital format they can be communicated to the Ministry of Labor Integrated System for Labor Registrations (SIRLA by its acronym in Spanish), which shall only receive digital format agreements; thus, written agreements shall be communicated according to the
ordinary procedure.

C)The term for the communication to the Ministry of Labor of those agreements entered into before Resolution 23/2020 and further adjusted to the same has been extended to 90 days concluding on February 12th, 2021.

This resolution enters into force from its publication in digital media, as per its Article Fourth. It was published on December 14th.

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