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Payroll Portal, a solution 100% in line with Labour Law in Mexico

21/05/2013

EDICOM, as Certification Authority, offers Mexican businesses a fully guaranteed solution in compliance with the labour law currently in force in Mexico. The solution consists of issuing electronic certificates for each employee that are subsequently used to implement mechanisms for advanced electronic signature of documents.

There are basically three major legal systems affecting companies on labour issues in Mexico. Following in-depth analysis of these, we have concluded that Edicom provides the market with a solution that is 100% reliable and legal.

A secure, legal and electronic signature

The Payroll Portal solution implements the mechanisms necessary for payroll signature using each employee’s individual electronic certificate. The use of an advanced electronic signature provides great security conditions, but most importantly grants full legitimacy to payrolls signed, as set forth in article 17-D of the Federation Fiscal Code:

“In digital documents, an advanced electronic signature covered by a valid certificate shall replace the handwritten signature of the signer, ensure the integrity of the document and cause the same effects as legally afforded to manually signed documents, having the same evidentiary value.”

 

A legally compliant electronic system

The Federal Labour Act, in article 132, stipulates as mandatory for companies:

“To issue biweekly, at the request of the workers, a written justification of the number of days work and the salary received."

Payroll Portal automates salary generation for each company employee, who receives it confidentially in their private web framework every two weeks.

Additionally, the solution takes system security even further, since each salary, after signing by the employees, is placed in safekeeping under NOM 151, providing higher levels of security while ensuring document integrity and authenticity at all times.

Electronic Payroll with legal validity

Article 776 of the Labour Law establishes electronic payslip documents using advanced electronic signature as a legitimate and valid proof in the event of any legal process.

The Payroll Portal solution is perfectly aligned with the Labour Law in this sense, since employees sign the wage slips through the portal using the electronic certificates, making the generation of electronic payroll receipts automatic.

 

Legal and Secure Payroll Safekeeping

Article 15 of the Social Security Law obliges companies to keep track of salaries and wages paid to their employees, stipulating Payroll records storage as mandatory during the five years as of their creation:

“Employers are obliged to:

Maintain records, such as payroll in which the number of days worked and the wages earned by workers are invariably entered, in addition to other data required by this Act and the pertinent regulations thereof. These records must be kept for five years after their date of creation.”

Payrolls and electronic receipts are stored in the Edicom Data Centre throughout the minimum legally set period. Edicom’s electronic document safekeeping service is subject to stringent security measures in accordance with ISO 27001 and ISAE 3402.

Additionally, the solution enables a private environment where documents are at all times available for inspection by the requesting authorities, with access and privacy fully guaranteed.

Please contact our sales team for further information.

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