Electronic Labor Domicile: New system demands that employers remain vigilant for communications 

 

Government platform streamlines document transmission and receipt of notifications, but inactivity from users will result in implied acceptance of notices 

 

 

Marking a significant advancement in the digitization of employment relationships, the Federal Government has issued Decree No. 11.905/2024, which regulates the Electronic Labor Domicile (‘Domicílio Eletrônico Trabalhista’ - DET). This effort is aimed at enhancing the efficiency of communication between labor authorities and employers, thereby streamlining administrative procedures. However, users should access this new tool on a regular basis, as failure to do so will lead to the assumption that notifications have been duly received.  

This novel platform is designed not only to notify companies about administrative measures, tax proceedings, legal notices, and other communications but also to facilitate the electronic submission of documents, whether related to tax matters or for the purpose of lodging defenses and appeals. Below are some of the key features introduced by the new system. 

 

Mandatory registration 

All entities subject to labor inspection – even those without employees – are required to register with the DET. Access to the platform will be granted through a digital certificate, a unique code, or an official authentication system.

 

Non-consultation will result in assumed receipt of communications

Per the new directives, the DET system will automatically check whether electronic communications sent to employers have been received. 

Should there be no engagement with the system within the designated timeframe, it will be inferred that the communication has been successfully delivered and acknowledged by the employer. This presumption of awareness applies even to those who have not registered with the system. 

This adjustment underscores the need for employers to remain vigilant and proactive in their interaction with the platform, thus ensuring compliance with the rules and preventing potential issues.

 

Introduction of the Electronic Labor Inspection Book (eLIT) 

Another notable addition is that the DET will include, among its functionalities, the Electronic Labor Inspection Book (eLIT), which will move away from its traditional physical format as part of the digital shift.

 

Implementation schedule

The DET will be implemented in phases according to the timeline below, as announced by the Labor Inspection Secretariat (SIT) in a notice issued on February 9.

 

Date	Scope	Action
02/09/2024  (issuance date of the notice)	All employers and entities subject to Labor Inspection, whether or not they have employees	DET registration update   < det.sit.trabalho.gov.br >
03/01/2024	Employers and entities classified in eSocial groups 1 and 2	Mandatory use of the DET, under the terms set out by the Ministry of Labor and Employment  *
05/01/2024	Employers and entities classified in eSocial groups 3 and 4
05/01/2024	Household employers

 

Upon updating their registration, employers will have the option to authorize a third party to access the DET on their behalf via the  Electronic Power of Attorney System (SPE).

It is important to note that the implementation schedule is subject to change if deemed necessary for the public interest.

 

Labor compliance

To maintain compliance, it is essential for companies to stay informed about regulatory changes and eventual adjustments in government systems. 

The experts at DPC are always abreast of the latest legislative developments and are ready to provide assistance to ensure that your company meets all legal requirements. Avail yourself of this support by reaching out to: dpc@dpc.com.br.