The majority of legislation generally recognizes the validity and probative value of documents that are natively electronic (i.e., created as electronic originals), subject to compliance requirements.According to the act on Act on Electronic Documents, Electronic Signature and Certification Services of Such Signatures, electronic documents are permitted and can be submitted as records in court (Law 19,799). In Chile it is possible to prepare, sign, process and deliver electronically labor documentation including: pay slips, employment contracts, annexes to contracts, overtime, holiday vouchers, Internal Regulation of Order, Hygiene and Safety.
Although there is no specific regulation for electronic archiving, the Labor Board has established various requirements for implementing an electronic process of labor documentation (Ruling No. 789/015, 16.02.2015):
The Labor Board has also instructed that the software used for the processing and signing of labor documentation should make it possible to carry out an inspection process by the Labor Inspection and guarantee the accuracy of the information, with the prior authorization of the Labor Board (Ruling No. 5366, of 03.11.2016).
Therefore, HR-related documents (e.g. employment contracts, letters of intent, etc.) can generally be created directly in electronic form, without need for a paper original, subject to the requirements above.