TRABAJO

They've got me in the dark: what can be done

Yes, there is something to be done, and it's not just one procedure. There are three different doors They address different issues: stopping the irregularity, ensuring your contributions are recorded, and getting paid what you're owed. Each has its own requirements, and one of them closes the day you stop working there.

First, because it changes the order of everything

Working off the books doesn't take away your rights: it takes away your proof and your contributions. Your severance pay, Christmas bonus, vacation pay, vacation wages, and dismissal benefits are still owed because they stem from having worked, not from being on a payroll. What does disappear is everything the Social Security Bank (BPS) pays based on your declared income—retirement, unemployment insurance, subsidies—and the ease of proving how much you earned and for how long. That's why the order matters: first gather evidence, then choose your path.

The three doors

They don't compete with each other and all three can be used. What you shouldn't do is use the wrong one: the MTSS website itself lists the cases in which that office does not accept complaints.

1
MTSS — General Labor Inspectorate

Stop the irregularity while you continue working there

This is the complaint that triggers an inspection. It can be made anonymously: Decree 371/022 states that complaints are anonymous and are processed confidentially within the Labor Inspectorate. It can be filed by the employee, a union representative, or a third party unrelated to the employment relationship. If the inspector confirms the violation, the scale in Article 289 of Law 15.903 ranges from a warning—which places the company on the Registry of Labor Law Violators—to a fine of between 1 and 150 daily wages for each employee involved in the violation, which doubles for repeat offenses, and up to the closure of the establishment for a maximum of six days, during which the company must still pay wages.

What does it ask for?
  • Current employment relationship: the office does not receive complaints from those who have already resigned or been dismissed.
  • That the infraction is occurring at the time of reporting.
  • Provide the RUT or the details of the likely employer and the exact address where the breaches occur.
  • Complaints about harassment, union persecution, or discrimination are the exception: they must be submitted in writing, with your identity and any evidence you have.
Where to

Decree 371/022 article 23 · Law 15.903 article 289 · MTSS, «Complaints and advice at the IGT»

2
BPS

That the years worked are recorded in your employment history

Article 87 of Law 16.713 places the obligation to file a declaration on the employer, clarifying that the declaration must be submitted regardless of whether contributions have been made. Article 88 is literally called the "worker's right of initiative": if the employer fails to comply, the employee—individually or collectively—can file the declaration, and anyone who worked after April 1, 1996, without being registered must request to be included. In other words, filing a complaint here is not asking for a favor: it is exercising a personal right. It is equally valid if you are underreported your earnings, because the same channel handles salary discrepancies.

What does it ask for?
  • The reported period must be after April 1, 1996, which is when the employment history record began.
  • It is advisable to attach whatever you have: receipts, proof of payment, judgments or any document that proves what has been reported.
  • For online service you need a personal BPS user account; it can also be done in person at branches.
  • It does not require a current relationship: you can file a complaint even after leaving your job.

Law 16.713 articles 87, 88 and 89 · BPS, «Workers' Complaints»

3
MTSS — Prior conciliation, and then the court

Get paid what they owe you.

Before initiating a labor lawsuit, you must attempt conciliation: this is required by Article 3 of Law 18.572, before the Center for Negotiation of Individual Labor Disputes in Montevideo or the Labor Office in the interior of the country corresponding to the employer's address or the place where you worked. The request is made online through the SAW system using digital identity and is free of charge. Two details work in your favor: requesting a hearing interrupts the statute of limitations—as stated in Article 3 of Law 18.091—and if the summoned employer fails to appear, this non-appearance constitutes a simple presumption against their interest in the subsequent lawsuit (Article 4 of Law 18.572).

What does it ask for?
  • The facts, the items claimed, and the amount of each must be detailed in writing.
  • Legal assistance, unless the total amount claimed is less than 20 UR.
  • The hearing is in person even if the request is made online.
  • The statute of limitations is running out: see the clock below.
Where to
  • Official procedure:Conciliation hearings, MTSS
  • If you have already left:The complaint is channeled through the MTSS Advisory Center (Juncal 1511, ground floor) or through the Interior Labor Offices

Law 18.572 articles 3 and 4 · Law 18.091 article 3 · MTSS, procedure «Conciliation Hearings»

The clock

The deadline for filing a claim doesn't start while you're still working there. It starts from the moment you leave, and there's a free procedure that stops it.

One year since you left

Legal actions arising from employment relationships have a one-year statute of limitations, counted from the day after the employment relationship ends. As long as you're still working there, that year hasn't started yet.

Law 18.091, article 1

Five years ago

Employment-related debts or benefits expire after five years, counted from the date they could have been claimed. It's the other side of the coin: you don't claim what you've always owed, you claim what's been owed for the last five years.

Law 18.091, article 2

Appearing at the MTSS stops the clock

Simply filing a conciliation hearing with the Ministry of Labor and Social Security (MTSS) by the worker or their representative interrupts the statute of limitations. It's free and can be requested online: if the year is about to expire, that's the step to take.

Law 18.091, article 3

What is lost in the meantime?

It's not about labor rights: it's about everything the BPS (Social Security Bank) pays out based on the declared activity. None of this will be remedied on its own with time.

Unemployment insurance

If you lose your job, unemployment benefits require days registered on the payroll in the previous months: in industry and commerce, 180 days in the last 12. Months worked off the books are not counted, so you can be laid off after years of work without being entitled to a single peso.

View details

Retirement

Retirement benefits are calculated based on what's recorded in your employment history. An undeclared year is a year that doesn't exist when it comes time to calculate your service time, and recovering it later requires proving what you currently have on hand.

Health and BPS subsidies

Health insurance coverage, sickness benefits, maternity and paternity leave, and family allowance are benefits processed by the BPS (Social Security Bank) based on the activity declared by the company. An undeclared period will not appear in that file, so it is advisable to consult with the BPS directly before needing these benefits.

Work accident: covered, but at the minimum wage level

There's a good side and a bad side to this, and both are from the same article. The State Insurance Bank (BSE) provides medical assistance and pays compensation to all covered workers "regardless of whether their employers have fulfilled their obligation to insure them": being employed off the books doesn't leave you without coverage. But Article 8 of Law 16.074 mandates that compensation for injured workers employed by uninsured employers be calculated "based on the national minimum wage," not your actual salary. On the other hand, the BSE can fine uninsured employers double the unpaid premiums the first time and quadruple them for subsequent offenses, with a minimum of 50 UR and 200 UR for each repeat offense. Furthermore, in the case of industrial or commercial establishments, the BSE is authorized to request their closure (Article 56 of the same law).

What they owe you is the same.

These rights stem from having worked, not from being on a payroll. Being employed off the books doesn't erase them; it just makes proving them more difficult.

Before you move anything, gather evidence

This is the step that determines the outcome of the other three. The goal isn't to obtain a contract, but to demonstrate that you worked under someone's orders, what your hours were, and for how much.

  • Messages with the person who gives you orders: schedules, shift changes, requests to cover for a colleague, challenges. This is what demonstrates subordination, which is at the heart of the employment relationship.
  • Any proof of payment: transfers, screenshots from the bank app, envelopes, signed notes, receipts even if incomplete.
  • Photos of the shift schedule, the store's payroll, the staff list, or the work group where you are listed.
  • Witnesses: fellow members in the same situation, suppliers, local families. Going together is not only stronger, it's also stipulated: the right of initiative before the BPS (Social Security Bank) can be exercised individually or collectively.
  • Public footprint: the website or social media of the place where you appear, credentials, uniforms with your name, emails with your institutional signature.
  • Save everything outside of work, on your own phone or email, and date it. Evidence stored on the office computer will no longer be available on the day of the incident.

Frequently Asked Questions

Follow this way

Sources

This information was reviewed on August 11, 2026, by the Ministry of Labor and Social Security (MTSS), the Social Security Bank (BPS), the National Institute for Children and Adolescents (INAU), and the current regulations of the Ministry of Labor and Employment Promotion (IMPO). This page explains the official channels and cites the regulation for each statement. This is not legal advice: each case depends on its specific facts and the available evidence. Labor consultations with the MTSS are free, and your industry union and university legal clinics also offer free legal advice.