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Legal Compliance

Last updated: 01/01/2025

Editorial review registered on 01/01/2025. See our editorial policy.

1. Labor Legislation Compliance

UsePonto is an electronic time clock system built to support REP-P operations with time records, audit trail, and documents used in work time review.

The system is updated with the following ordinances:

  • Portaria MTP No. 671/2021 - Base REP regulation
  • Portaria MTP No. 1.486/2022 - Layout updates
  • Portaria MTP No. 3.717/2022 - Technical adjustments
  • Portaria MTP No. 4.198/2022 - New requirements
  • Portaria MTE No. 2.420/2023 - Recent updates

2. Digital Signatures (AFD & AEJ)

Legal files generated by UsePonto follow security and authenticity standards required by Brazilian legislation.

AFD - Data Source File

Immutable file containing all original time clock records, without any treatment or modification.

  • Append-only file - records are never altered or deleted
  • Protected by CRC-16 checksum and SHA-256 hash
  • Original record preservation for audits
  • Mandatory minimum retention of 5 years
  • Layout according to gov.br specification

AEJ - Electronic Work Time File

File containing AFD data plus authorized treatments and adjustments, organized by UsePonto for work time review.

  • Reference to original NSR (Sequential Record Number) from AFD
  • Includes work time adjustments authorized by employer
  • Technical layout according to gov.br specification
  • Support for monthly HR and payroll review
  • Work time duration calculated in minutes

3. REP-P System (Program-based Electronic Time Clock)

UsePonto operates as REP-P, the most modern and flexible mode of electronic time clock.

REP-P Advantages

REP-P enables software-based operation, with mobility and convenience for distributed teams.

  • Digital operation by phone, tablet, or computer
  • Immediate digital receipt after each clock-in
  • Integrated facial recognition and geolocation
  • Instant deployment without bureaucracy
  • Requirement updates monitored by the product team

✅ REP-P adoption should consider applicable technical requirements, internal policy and company legal guidance. REP-A follows a separate agreement or collective-convention dynamic.

Comparison: REP-P vs REP-A

REP-A (Alternative)

  • Requires ACT (Collective Agreement) or CCT (Collective Convention)
  • Needs union negotiation
  • Must monitor agreement expiration (alert 60 days before)
  • Higher deployment complexity

REP-P (Program) ✓ UsePonto

  • Requires legal fit validation
  • Deployment with operational review
  • Software technical requirements
  • Simplicity and agility

4. CLT Compliance

UsePonto organizes operational validations that help HR review relevant Brazilian Labor Law (CLT) points:

Art. 58

Maximum 8 hours daily (10 hours with compensation)

Art. 59

Limit of 2 overtime hours per day

Art. 66

Minimum 11-hour rest between shifts (inter-shift rest)

Art. 71

Intra-shift break: 1 hour for shifts >6h, 15 minutes for 4h-6h

Art. 74

Mandatory time clock for companies with 20+ employees

11 Mandatory Clock-in Validations

Every time clock entry in UsePonto goes through the following automated validations:

1 Authenticated employee with active employment
2 Chronological sequence of entries
3 Minimum 1-minute interval between entries
4 Block future time entries
5 Prevention of duplicate entries
6 10-minute daily tolerance (Art. 58 §1º CLT)
7 Alerts on holidays and weekly rest days
8 Overtime limit control (2h/day)
9 Intra-shift break validation
10 Inter-shift rest validation (11h)
11 Geolocation support

5. Certifications and Compliance

Portaria MTP 671/2021

Workflows oriented to current electronic time clock regulation

REP-P Model

Program-based operation with traceability workflows

LGPD Compliant

Personal data processing according to Law 13.709/2018