To facilitate and modernize access to information related to all formal professional experiences of workers, the Ministry of Labor launched in late November of 2018 the Digital Employment Record Card, or Digital CTPS, as a free application available on the iOS and Android platforms.

The tool integrates several databases of the federal government so that workers may have in the palm of their hands all information on their working life. It is even possible to issue the document using the app, by inputting personal data and appearing at a job agency within 30 days to complete the process, and request a new physical copy of one’s CTPS.

This change will reduce the volume of visits at the Ministry of Labor and should expedite the response to requests, including in relation to the processes for requisition and issuance of the printed copies of employment record cards.

Employers’ question is whether they will be affected in any way by the new tool. At first, the Digital CTPS does not replace the physical copy of the document. Its submission remains mandatory for some benefits, and the information contained in the app will also not be accepted for civil identification purposes. In case of loss of the card, it is still necessary to request a new copy. The document cannot be replaced by the app.

The existence of the Digital CTPS also does not eliminate the risk of a penalty for retention of the employee's CTPS for more than 48 hours, which is provided for in article 29 of the Consolidated Labor Laws (CLT). Although the app is integrated with the Ministry of Labor database, employers must still proceed with annotation of the employee's professional ledger within 48 hours, counting from the date of delivery of the document to the company. The penalty for retaining the document is equal to one day's salary per day of delay in returning it.

The company will have no liability or obligation in the event that some information on the employee's employment contract is incorrect in the app. This type of error will occur when there is some divergence in relation to the user information contained in the National Social Information Register (CNIS). It will be incumbent on the employee to request that the INSS to correct the information in the CNIS via telephone or directly at a branch of the agency.

The Digital CTPS is part of the federal government's Digital Governance program, which aims to make services to citizens more efficient and economical through the implementation of information and communication technologies in the public sector. With this initiative, it is also possible to increase the participation of society in the decision-making process and simplify access to information.

Other Digital Governance initiatives, such as e-Social and the possibility of digital signatures on contracts, policies, settlements, and agreements, contribute to digitizing labor relations, making them less bureaucratic, expediting the issuance of documents, and increasing the control of government inspections. Companies should prepare for these and other modernizations, as the wave of digitization is only tending to grow.