Digital platform for labor-related communications becomes mandatory in Brazil

From March 1, 2024, companies and entities falling under Group 1 and Group 2 of the Brazilian government’s eSocial system are required to begin using the Labor Electronic Domicile platform (Domicílio Eletrônico Trabalhista – DET) as the official means of communicating labor matters and receiving digital services from the Ministry of Labor and Employment’s Labor Inspection Subsecretariat (SIT). Group 1 covers companies and entities with annual revenue exceeding BRL 78 million, while Group 2 covers those with revenue up to BRL 78 million in 2016 who do not opt for Brazil’s Simples Nacional tax regime.

From the outset, it is important to note that the DET is a separate system from the Electronic Judicial Domicile (Domicílio Judicial Eletrônico – DJE), a platform providing standardized digital notifications, summonses, and services of process issued by Brazilian courts in judicial proceedings, including labor-related cases.

The DET applies to all companies and entities subject to labor inspections, irrespective of whether they have employees. Its primary purposes involve:

• Making employers aware of administrative actions, tax procedures, summonses, notifications, decisions stemming from administrative litigation, and general warnings;
• Centralizing the submission of electronic documentation required as part of labor inspection processes, as well as defenses and appeals in administrative proceedings.

Electronic communication via the DET also constitutes personal communication for all legal intents and purposes, eliminating the need for publications in the Official Federal Gazette (DOU) or sending hard copies by mail.

For companies and entities in the eSocial’s Group (individual employers – excluding domestic employers – and individual rural producers) and Group 4 (public bodies and organizations), using the DET only becomes mandatory as of May 1, 2024. This same deadline also applies to domestic employers.

Employers’ responsibilities

Companies and entities within the groups mentioned above must begin using the DET by the specified deadlines. Otherwise, it will be automatically assumed they acknowledge any digital communication on the platform.

According to MTP Ordinance No. 671/2021, employers’ responsibilities include consulting the DET to keep informed of labor-related communications via their electronic mailbox, as well as ensuring petitions and documents are properly sent and received via the DET.

Furthermore, Ordinance No. 671/2021 stipulates that employers will be deemed to be aware of communications on the DET in the following situations:

• The day that they consult the digital platform; and
• The first business day after the 15 days immediately following the date communications are made on the DET.

Importantly, Ordinance No. 671/2021 makes it clear that using the DET does not preclude labor inspection authorities from employing other legal means of communication and interaction with companies or entities, including document submissions.

The DET can be accessed via its official website, where the SIT has also provided a DET Manual for user reference (available in Portuguese).

Any actions carried out on the DET that involve a specific deadline must be finalized between 6am and 8pm (UTC-3:00) on the day of the deadline, unless the authorities specify an earlier time. In the event the system is unavailable between 7pm and 8pm on the day of the deadline, the deadline will automatically be extended to the next business day (also between 6am and 8pm).

Given this development, companies should ensure they establish specific procedures for using the DET. This includes assigning specific responsibilities to employees, accountants, and legal consultants (among others), particularly in regard to registration, consulting communications, and submitting documents linked to fines or administrative proceedings.

For more information on this topic, please contact Mattos Filho’s Labor & Employment practice area.