The Ministry of Labour has issued Ministerial Agreement No. MDT-2024-041, which regulates the procedure for the administrative approval procedure, is mandatory for workers and employers in the private sector, as well as for workers and employers in the public sector who are governed by the Labor Code. The topics to be considered are the following:

Competence: The competent labour inspector is the one from which the employment contract is executed, or the domicile of the respondent. The competence of workers subject to the Labour Code who provide their services for the Fire Brigade is subject to the provisions of article 623 of the Labour Code.

Suspension: Employers may request the suspension of the employment relationship, which will be granted if the Labour Inspector deems it necessary and justified. If the suspension is granted, it must be deposited within 48 hours and the deposit receipt equivalent to one month’s remuneration of the worker must be attached.

If the relationship is not suspended, the employer must grant the employee the necessary paid leave to exercise his or her right to defense.

Notification: The request for approval must be notified to the respondent within 24 hours. The notification can be made personally to the defendant, or by delivering a ballot to one of his dependents, employee or relative, at the home or residence.

The Labour Inspector may request clarifications related to the information in order to make the notification up to 2 times.

In the event that it is not possible to serve in person, the defendant must be notified by means of a publication in a newspaper of wide circulation of the place where the approval procedure is conducted, a copy must also be posted in several visible places of the workplace. Once the publication has been made, the respondent must respond to your request within a period of up to 22 days to respond to the request for approval.

Diligence of Investigation: The investigation may be carried out in the offices of the Labour Inspectorate, however, if the circumstances so warrant, the procedure may be carried out in the premises of the workplace or in the place where the events that led to the request for approval occurred.

Once the investigation stage is concluded, the Labour Inspector must issue his decision within 3 days.

Appeal: In the cases referred to in article 623 of the Labour Code, the party who considers himself affected by the decision of the Labour Inspector or the Regional Director of Labour shall have the right to appeal the decision within 3 days from the notification of the decision.

An appeal against a decision issued by a Labour Inspector shall be decided by the Regional Director of Labour within 10 days. On the other hand, an appeal against a decision issued by the Regional Director of Labour in cases under article 623 of the Labour Code shall be resolved by the Undersecretary of Labour within 10 days.

Prescription: The general rule for calculating the period for the statute of limitations to operate is from the date on which the determining events occurred. The exceptions are as follows:

1. In the cases referred to in paragraph 1 of article 172 of the Labour Code, the period is calculated from the last day of tardiness or absence.

In the cases referred to in paragraphs 2 and 8 of article 172 of the Labour Code, it shall be calculated from the date on which the employer or his representative became aware of the facts. The employer must prove that it subsequently learned of the facts that led to the request for approval.