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As of May 2026, the Ministry of Labor will no longer retain in the Unified Labor System (SUT) the contracts, termination agreements, internal regulations, and other employment documents registered, approved, or reported by employers. Pursuant to Ministerial Agreement No. MDT-2025-053, the physical and digital retention of these documents is the sole responsibility of the employer.
Consequently, companies must ensure they maintain a complete and up-to-date employment records archive.
What are the employer’s obligations?
- To retain the original documents that have been registered, approved, or reported to the Ministry of Labor, along with their physical and digital copies, so they can be presented when requested by the authorities.
- To download and file documents approved by the system within the deadlines specified, such as the Internal Labor Regulations, which must be downloaded within 15 days of their approval.
The SUT displays a HASH code that functions as a digital fingerprint to validate the authenticity of uploaded documents. Therefore, it is recommended to keep the files exactly as they were downloaded or registered, without modifying them, since any alteration would prevent their authenticity from being validated.
Why is this important?
In the event of an inspection, an approval process, or a labor claim, it is the employer’s responsibility to prove compliance with its obligations. Without supporting documentation, the company loses its primary means of defense.
What do we recommend?
- Compile an inventory of the personnel files for each active employee and former employees from recent years, and identify any missing documents.
- Maintain a digital repository with regular backups and access controls, in accordance with personal data protection regulations.
- Establish an internal policy for the retention of employment records.
The labor team at TOBAR ZVS can assist you both in reviewing your employment records and in providing comprehensive labor consulting services. Contact us at laboral @ tzvs.ec.
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This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.