Internal Labor Regulations
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Do you have an Employee Handbook?
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Do you want to reinforce your policies?
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Are you going to apply disciplinary actions?
The Internal Labor Regulations (ILR) is a set of mandatory rules for employees and employers for the development of work. Any policy applicable to employees should be included in the ILR to strengthen its enforceability. Disciplinary sanctions must be expressly referred to in this instrument in order to be valid and enforceable.
To file an ILR, the following documents must be prepared and delivered before the competent Local Labor Court:
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Incorporation Minutes of the Joint Committee responsible for the ILR. These minutes must be signed by representatives of the Company (administrative or managerial positions, or a legal representative) and by the employees (e.g. employee within the HR department).
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Appointment of Employees’ Representative. With the purpose of designating their representative in the Joint Committee.
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Internal Labor Regulations. It must be signed only by the aforementioned Representatives (employer and employees).
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Submission writ. This document must be signed by the legal representative of the Company evidencing his/her authority through the relevant Power of Attorney (“PoA”).
All of these documents must be presented in 5 execution copies enclosing information in terms of PoA, company’s address, etc.
The Labor Board usually requires that the ILR and its annexes be filed within 8 business days following its signature date. Therefore, it is advisable to confirm a date of signature that allows sufficient time to have all of the documents in place for its filing.
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