Hoy se publicó ley que reconoce validez a finiquito y otros documentos laborales electrónicos
Jurisdiction | Chile |
Law Firm | Garnham Abogados |
Published date | 27 July 2021 |
La Ley N° 21.361 adecua el Código del Trabajo en materia de documentos electrónicos laborales, permitiendo ratificar la renuncia, el mutuo acuerdo y el finiquito forma electrónica, a través del sitio electrónico de la Dirección del Trabajo.
En caso de despido, el empleador deberá informar en el aviso de término del contrato si otorgará y pagará el finiquito laboral en forma presencial o electrónica, indicando expresamente que es voluntario para el trabajador aceptar, firmar y recibir el pago en forma electrónica y que siempre podrá optar por la actuación presencial ante un ministro de fe. En dicho aviso, el empleador deberá informar al trabajador que, al momento de suscribir el finiquito, si lo estima necesario podrá formular reserva de derechos.
Así, la ley salvaguarda el derecho del trabajador a reservar derechos en caso de no estar de acuerdo con las causales invocadas o con los montos consignados en el finiquito; como también el derecho a demandar posteriormente, en caso de que considere que ha existido error, fuerza o dolo en la suscripción del finiquito.
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