In the last year, the Ministry of Labour has reformed the procedure of the Good Notice by means of the Ministerial Agreement MDT-2024-041 of 21 March 2024 and the Ministerial Agreement MDT-2025-043 of 17 March 2025, with the following main changes:
Ministerial Agreement MDT-2024-041 | Ministerial Agreement MDT-2025-043 |
Article 4 of the appearance: The appearance shall be carried out on a mandatory basis with the sponsorship of a defence counsel. | Article 4 of the appearance: A lawyer who appears must be appointed in the proceedings and / or through judicial prosecution. |
Article 12. From the answer: The reply shall be made with a statement on the facts referred to in the application, their grounds of law, the evidence presented and the claim. | Article 12. From the answer: The answer shall be made under the general rules of the General Organic Code of Processes.
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Article 13. From the investigation and resolution diligence: The Labour Inspector shall, at the time of the initiation of the proceedings, seek conciliation between the parties; if this is done, a record shall be drawn up in which the agreed procedure is concluded.
| Article 13. From the investigation and resolution diligence: The research diligence will be carried out in two phases. The first sanitation, a statement of prior derogations, fixing of the points under discussion and conciliation. The second of evidence and arguments. |
Article 14. From the appeal: Upon receipt of the appeal, the Labour Inspector shall grant the appeal and raise the file with all the actions of the Regional Director of Labour and Public Service of the relevant jurisdiction, who, once received, shall decide the appeal in merit of the orders within 10 (10) days. | Article 14. From the appeal: Upon receipt of the appeal, the Labour Inspector shall grant the appeal and shall raise the with all the actions of the Regional Director of Labour and Public Service of the relevant jurisdiction, who, once received, will decide and notify the appeal in merit of the orders within one (1) month. Any party may request a hearing in this instance. |
There is no general provision Fifth. | General Dispotion Added QUINTA. All employers and workers included under the Work shall be subject to the provisions of this Ministerial Agreement as well as to the labour rules in force in relation to the request for good opinions.
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The reform introduced by the Ministerial Agreement MDT-2025-043 substantially modifies several aspects of the good hearing procedure. The main changes include:
- It is clarified that the lawyer who appears must be authorized in the proceedings or through judicial prosecution.
- The response to the request is now in accordance with the rules of the General Organic Code of Processes (COGEP), unifying procedural criteria.
- The investigation procedure is divided into two structured phases: one of consolidation and conciliation, and the other of evidence and arguments.
- In the appeal process, the term of 10 (10) days is replaced by a period of one (1) month, extending the decision time and allowing either party to request a hearing in this instance.
These reforms seek to give greater clarity and structure to the procedure, aligning it with principles of procedural law and strengthening the guarantees for both parties in the administrative field of labour.
