Since December 2023, the Labor Electronic Domicile (DET – Brazilian Acronym) has been in force, through which the employer will be notified of any administrative acts, tax actions, subpoenas and notices in general from the Brazilian Ministry of Labor and Employment (MTE – Brazilian Acronym).
Therefore, the DET will function as the only means of communication between the MTE and companies subject to labor inspections, and will have, among others, the following purposes:
(i) Notify the employer during MTE inspections;
(ii) Means by which the employer will send electronic documentation in administrative procedures;
(iii) Place for the presentation of defense, appeals and acknowledgment of decisions within the scope of administrative actions;
(iv) Issue certificates, including those related to administrative labor infractions and FGTS debts; and
(v) Place for paying labor and employment fines.
It will be up to the employer to maintain and consult its DET for the purposes of being aware of communications made by the MTE, and the employer must inform and keep at least one electronic postal address (e-mail) updated, to enable the automatic sending of messages with alerts. Bearing in mind that there will no longer be communications and/or postal notifications of labor inspections.
We therefore highlight the importance of companies accessing their DET and keeping their electronic email data updated to follow up and monitor their subpoenas, given that, according to the new ordinance, companies will be considered notified: (a) on the day on which the electronic consultation of its content is carried out; or (b) automatically, on the first business day after fifteen calendar days, counting from the date of communication in the DET mailbox, when the content has not been consulted.
Failure to monitor your DET may impose losses on the company, such as (a) fines for failure to provide information/documentation to inspection; (b) missed deadlines for responding to and/or appealing assessments; or (c) even the imposition of a fine and its registration in the Union’s active debt, affecting the issuance of certificates and possible participation in tenders.
