Electronic domicile before MTSS: notification of summons to hearings.
By Decree No. 343/017 and Resolution No. 154/020, the MTSS previously ordered companies to gradually establish a domicile in an email inbox (hereinafter "electronic domicile" or "DOMEL") in order to receive certain notifications from the agency. Since then, the MTSS has been progressively monitoring compliance with the above and urging companies to carry out the procedure.
But in the latest Accountability Law (Law No. 20,075), in force as of January 1, 2023, not only is the obligation to establish DOMEL reiterated for all companies with dependent personnel (except for domestic service), but the MTSS has also been empowered to notify through this means the summonses to Hearings requested by workers (which were previously received by mail in paper format), which constitutes an important change of business interest.
Without prejudice to the fact that the MTSS announced that this new requirement will be gradually enforced, taking into account the fines provided for, it is suggested that companies:
- Start the process of establishing electronic domicile before the MTSS as soon as possible through https://bit.ly/3VWlUo0
- Those who already have DOMEL, regularly check the electronic notifications received (both in the inbox and in "spam") to avoid non-appearance at hearings due to lack of knowledge, possible expiration of deadlines in the files, etc.
It is important to remember that appearing at Hearings in any of the Ministry of Labor's offices is mandatory. Non-attendance is punished with a fine equivalent to the amount of one to ten minimum national daily wages per worker involved, increasing in case of recurrence and without prejudice to the fact that the person summoned may be forcibly taken by the public force when the MTSS so decides due to the importance of the matter being discussed.
Montevideo, January 18, 2023.
