New paid leave for employees to carry out procedures at the Ministry of Labor and Social Security
New paid leave for employees to carry out procedures at the Ministry of Labor and Social Security
CONTENT WRITTEN BY ERIKA HAMERS, SENIOR ATTORNEY.
Through Law No. 10771, the Law to Facilitate Administrative Procedures for Employees before the Ministry of Labor and Social Security (MTSS), which came into effect on November 4, 2025, a reform to Article 515 of the Labor Code was enacted. This provision addresses the employer’s prohibition from denying leave to employees who are required to appear as witnesses or take part in other judicial proceedings, and now expands such protection to include the following scenario:
When an employee must "carry out a duly justified personal administrative procedure before the Ministry of Labor and Social Security or participate in a disciplinary proceeding of the Public Administration."
Accordingly, in addition to judicial proceedings, any employee who must complete a personal procedure before the MTSS—ranging from a consultation to a formally summoned appearance—must be granted leave. Employers may not deduct salary for the time spent attending such procedures, provided that the employee gives prior notice of the summons and submits proof of attendance.
It is important to note that this reform refers exclusively to personal administrative procedures before the MTSS. However, by analogy, it may also be interpreted as applicable when the employee is required to appear as a witness, as in judicial matters.