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Labour

The Labor Directorate establishes the meaning and scope of Law No. 21.431 on Digital Platform Workers.

On October 19, 2022, the Labor Directorate issued a statement by means of Opinion No. 1831/39, which establishes the meaning and scope of Law No. 21.431 on Digital Platform Workers, which came into force on September 1, 2022. Among other matters, the opinion rules on:

1. The scope of application of Law No. 21.431, i.e., to which companies and workers its rules apply.
2. The supervisory powers of the Labor Directorate.
3. The different definitions incorporated by Law No. 21.431, among others, what should be understood by digital service platform company and dependent and independent workers of digital platforms.
4. The minimum content that the contracts of dependent and independent workers of digital platforms must have, including details applicable to matters such as working hours, remunerations and fees, treatment of personal data, geographical area of service provision, attendance records, safety, training, collective rights, among others.

Should you require additional information on any of these matters, please contact: Alfred Sherman (asherman@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl)

The Labor Directorate pronounces itself to make clarifications regarding Law No. 21.015, which encourages the inclusion of people with disabilities in the labor market.

On October 6, 2022, the Labor Directorate issued a statement by means of Opinion No. 1753/37, in which it clarifies the provisions of Law No. 21.015. Specifically, the opinion states the following:

1. Pursuant to Article 11 of the Labor Code, any modification to the employment contract, such as the status of a person with a disability or a person receiving a disability pension under any social security system, as qualified and certified in the manner provided by the legislator, during the term of the employment relationship, must be recorded in writing and signed by the parties on the back of the copies thereof or in an annex to the employment contract, once such status has been accredited by the employee.

2. In order to comply with subsection 3° of article 157 bis of the Labor Code and article 5 of Decree No. 64 of 2017 of the Ministry of Labor and Social Welfare, the employer shall register the modification contained in the employment contract annex within fifteen working days from the date of its subscription through the electronic site of the Labor Directorate.

3. The direct hiring of disabled people receiving a disability pension must be verified on the first working day of the month following the month in which the company had 100 or more employees.

4. The obligation of the employer to send to the Labor Directorate the electronic communication, within the framework of Law No. 21.015, in the month of January of each year, constitutes an obligation that cannot be complied with at a later or late date and, consequently, it must be generated during that monthly period in each calendar year.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

New measures established by the Health Authority regarding workplaces.

On September 30, 2022, Decree No. 75 of the Ministry of Health, which extends the health alert, and Exempt Resolution No. 1,400 of the Ministry of Health, which establishes the new Plan ” We Continue Taking Care of Ourselves”, were published in the Official Gazette.

In turn, the Superintendence of Social Security, on September 30, 2022, issued Bulletin No. 3.697, which modifies the Workplace Health Safety Protocol Covid-19.

Specifically, Decree No. 75 of the Ministry of Health states the following:

Extends the sanitary alert decreed by Decree No. 4 of the Ministry of Health until December 31, 2022.

I. Due to the extension of the sanitary alert, Law 21.342 on Gradual and Safe Return to Work shall remain in force, and therefore, the following measures, among others, shall remain in force:

a) Daily temperature testing.
b) Physical distancing measures.
c) Availability of water and soap.
d) Means of protection made available to workers, including certified multipurpose masks with reduced environmental impact, and, when required by the activity, gloves, glasses and work clothes.

Exempt Resolution No. 1,400 of the Ministry of Health, which establishes the new “Sigamos Cuidándonos” (Let’s Take Care of Ourselves) Plan, states the following:

1. Mandates the mandatory use of masks for all persons visiting a health facility and for the health team, including auxiliary personnel and students in training.

2. The administration of the health facility is responsible for requiring the correct use of the mask in its facilities.

3. The use of masks is highly recommended in public and private transport, in crowded enclosed spaces, pharmacies and for people with symptoms of Covid-19.

4. Regarding measures related to workplaces, the employer should ensure easy access to the necessary elements for adequate hand hygiene.

5. Also, the employer must provide masks to workers who wish to use them and must have daily temperature testing devices for staff, customers and other persons entering the premises of the company.

6. Work areas must be sanitized periodically, as established by Supreme Decree No. 594 of the Ministry of Health.

7. There shall be no specific capacity in the workplaces; however, a distance of at least one meter between workstations is recommended.

Finally, Bulletin No. 3.697 of the Superintendency of Social Security establishes that within three days following October 1, 2022, the agencies administering the Insurance of Law No. 16.744 must communicate to the employer entities the update of the standard protocol, in accordance with the measures established by the health authority.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Labor Directorate pronounces on the meaning and scope of the provisions of Law No. 21.400, which amends the Labor Code to regulate, under equal conditions, marriage between same-sex persons.

On September 9, 2022, the Labor Directorate issued a pronouncement by means of Opinion No. 1582/32, in which it establishes the meaning and scope of the provisions of Law No. 21.400, which amends the second paragraph of Article 59 of the Labor Code and incorporates Article 207 ter of the Labor Code. Specifically, the opinion states the following:

I. Article 59, second paragraph of the Labor Code, in its new text established by Article 5 of Law No. 21.400, states:

On September 9, 2022, the Labor Directorate issued a pronouncement by means of Opinion No. 1582/32, in which it establishes the meaning and scope of the provisions of Law No. 21.400, which amends the second paragraph of Article 59 of the Labor Code and incorporates Article 207 ter of the Labor Code. Specifically, the opinion states the following:

1. In this sense, the legislator changed the expression “married woman” to the concept “spouse”, in such a way that, regardless of the sex involved, the spouse may receive up to 50% of the salary of the other spouse, who has been declared vicious by the Labor Judge.

2. For its part, the new article 207 ter of the Labor Code states the following:

“The rights that correspond to the working mother referred to the protection of maternity regulated in this Title, will be applicable to the mother or pregnant person, regardless of her registered sex by gender identity. In turn, the rights granted to the father in this Title shall also be applicable to the non-pregnant parent.”

3. The new regulation guarantees the assistance of the rights of protection of maternity, paternity and family life, regardless of the registered sex of the pregnant person, due to gender identity.

4. Specifically, by application of the above precept, the mother or pregnant woman has the right to maternity leave, to be transferred to other functions without reduction of her salary in case her work is considered harmful to her health in her condition, pre and postnatal maternity breaks, postnatal parental leave, nursery benefits, the right to feed her children under two years of age, among others.

5. In turn, the non-pregnant parent is entitled to all the rights that the same regulations reserve to the father, under the same conditions.

6. Law No. 21.400 came into force as of March 10, 2022.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Labor Directorate issues an official opinion on the meaning and scope of Law No. 21,275 on Labor Inclusion of Workers with Disabilities.

On September 9, 2022, the Labor Directorate issued a pronouncement by means of Opinion No. 1583/33, in which it establishes the meaning and scope of Law No. 21.275, which amends the Labor Code to require relevant companies to adopt measures to facilitate the inclusion of workers with disabilities in the labor market. Specifically, the Labor Directorate points out the following:

I. Law 21.275 amends the Labor Code, incorporating Article 157 quater, which provides:

“At least one of the workers who perform functions related to human resources within the companies referred to in Article 157 bis must have specific knowledge in matters that promote the labor inclusion of persons with disabilities. It shall be understood that the workers who have a certification in this regard, granted by the National System of Certification of Labor Competencies established in Law No. 20.267, have this knowledge.

The companies mentioned in the previous paragraph shall promote within themselves policies in matters of inclusion, which shall be reported annually to the Labor Directorate, in accordance with the regulation referred to in the final paragraph of Article 157 bis. They shall also develop and implement annual training programs for their personnel, in order to provide them with tools for an effective labor inclusion within the company.

The activities carried out during the working day or outside it shall consider the rules on equal opportunities and social inclusion of persons with disabilities referred to in Law No. 20.422, as well as the general principles contained in the other regulations in force on the matter.”

1. Companies under obligation: All companies with 100 or more workers must have a human resources worker with specific knowledge on labor inclusion. The above, without prejudice to the obligation to hire or keep hired at least 1% of people with disabilities or assignees of a disability pension of any social security system.

2. The obligation of compliance set forth in the norm will correspond to each company with 100 or more workers, regardless of the number of subsidiaries of the parent company, unless two or more companies are judicially declared sole employer for labor and social security purposes by the Labor Courts, in which case, the total number of workers as a whole will be considered.

3. Requirements of the labor inclusion expert: At least one of the company’s human resources workers must have specific knowledge in the area of promoting labor inclusion. This person must be an employee of the company.

In this sense, it will be understood that it is an employment relationship, despite the signing of a different type of agreement, when personal services are provided, for compensation, under a relationship of subordination and dependence.

4. Regarding the determination of specific knowledge in matters that promote labor inclusion, the person will require a certification granted by the National System of Certification of Labor Competences (CHILEVALORA), established in Law No. 20.267.

5. Other obligations of the company provided by the legislator:

(a) Promote in the company policies on inclusion and report annually to the Labor Directorate. In this regard, in the annual electronic communication that companies send to the Labor Directorate in January of each year, they must report their compliance and indicate the number and content of those. This obligation will be enforceable as of January 2023.
b) Develop and implement annual training programs for its personnel, in order to provide them with tools for an effective labor inclusion within the company, with an organizational design designed for that purpose.
c) Consider the rules on equal opportunities and social inclusion in the activities carried out during and outside the working day.

6. The legal modification introduced by Law No. 21.275 will enter into force as of November 1, 2022.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Labor Directorate pronounces itself on the scope in labor matters of the National Constitutional Referendum of September 4, 2022.

On August 24, 2022, the Labor Directorate issued a statement by means of Opinion No. 1466/29, in which it explains the scope in labor matters of the National Constitutional Referendum for the electorate to approve or reject the proposed constitutional text approved by the Constitutional Convention. Specifically, this pronouncement states the following:

1. Sunday, September 4, 2022, the date on which the National Constitutional Referendum will be held for the electorate to approve or reject the proposed constitutional text approved by the Constitutional Convention, shall be a legal holiday throughout the country and, therefore, a working vacation.
2. Workers engaged in the activities described in numbers 1° to 6° and 8° to 9° of subsection 1 of article 38 of the Labor Code are exempted from rest on Sundays and holidays. Therefore, if the distribution of their weekly workday so provides, they shall be required to work on September 4, 2022.
All workers who, due to the nature of their duties, are exempted from rest on Sundays and holidays, shall work on September 4, 2022, but such workers shall have the right to be absent from work for at least 2 hours in order to go to cast their vote, without their absence meaning a reduction in their remuneration, and without the employer being able to prevent or hinder the worker’s attendance to cast their vote.
4. The permission to be absent from work for at least 2 hours in order to go to vote is a minimum time established by the legislator. Therefore, there is no legal inconvenience in the parties agreeing on a longer leave of absence for the purpose of voting in the situation described above.
5. For those workers included in N°7 of Article 38 of the Labor Code who work in shopping malls, centers or commercial complexes managed under the same corporate name or legal personality, September 4, 2022, constitutes a mandatory holiday.
6. The duration of the rest corresponding to the day of the constitutional plebiscite shall begin no later than 21:00 hrs. on Saturday, September 3, 2022, and end at least at 06:00 hrs. on Monday, September 5, 2022. on Monday, September 5, 2022, unless the respective workers are subject to rotating work shifts, in which case they may render their services in the periods between 21:00 and 24:00 hrs. on Saturday, September 3, 2022 and between 0:00 and 06:00 hrs. on Monday, September 5, 2022, provided that the shift falls within said periods of time.
7. The workers designated as polling station officials, delegates of the electoral board or members of the polling stations, may be absent from work for as long as it is necessary for the proper performance of said electoral functions. In this sense, it is prohibited for the employer to make any deduction from the remunerations of the workers who must be absent for such reasons.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

The Labor Directorate reconsiders the doctrine on mandatory and unwaivable holidays for commercial workers.

On August 25, 2022, the Labor Directorate issued Opinion No. 1474/30, which reconsiders the doctrine on the weekly rest of commercial workers in the case of holidays for electoral reasons. Specifically, this pronouncement states the following:

1. Workers who render services in shopping centers managed under the same corporate name are excluded from the obligation to render services, in particular, on an election holiday such as the one that will take place on September 4, 2022, notwithstanding, they are exempted from Sunday rest and on public holidays.
2. Trade and commerce workers who are exempted from rest during mandatory holidays (non-waivable) and who must also render services on election holidays due to the nature of the work they perform, must have all the facilities to cast their vote, especially in view of the particularities of the Plebiscite of September 4, 2022.
3. It is not in accordance with the law for the employer to grant the breaks that correspond to trade workers whose functions are classified in numeral 7 of article 38 of the Labor Code, on those days that have been declared as mandatory and unrenounceable holidays for them.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

The Labor Directorate issues an opinion on the meaning and scope of Law No. 21.361, which adapts the Labor Code with respect to electronic labor documents.

On August 4, 2022, the Labor Directorate issued Opinion No. 1315/26, ruling on the meaning and scope of Law No. 21.361 (the “Law”), which adapts the Labor Code regarding electronic labor documents. Specifically, this pronouncement states the following:

1. The settlement, resignation and mutual agreement that are granted and signed through the electronic site of the Labor Directorate, shall be understood as approved before a labor inspector.
2. The employer is obliged to communicate to the worker the form, in person or electronically, in which the corresponding settlement will be granted and paid.
3. In relation to the content of the communication, the form of granting and paying the severance payment requires that the worker be informed of the following:

(i) The mode in which the termination payment will be granted and paid (in person or electronically).
(ii) In the event of informing that the mode will be electronic, it must expressly indicate to the employee that it is voluntary for him/her to accept, sign and receive the payment in this manner and that he/she may always opt for the in-person method before a minister of faith.
(iii) That he/she may make a reservation of rights at the time of signing the termination agreement, if he/she deems it necessary.

4. In those cases in which the employer has decided to grant the severance payment electronically, the employee shall have the right to accept or reject such method of granting.
5. The employee may accept or reject the modality proposed by the employer only in the case of the settlement. Regarding the granting and subscription of the employee’s resignation as well as the mutual agreement, these require from the beginning the express will of the employee.
6. The amendments incorporated to the Labor Code by the Law came into effect on October 25, 2021.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

Law No. 21.474 is published, which extends the Postnatal Parental Leave and creates an extraordinary winter bonus.

On July 27, 2022, Law No. 21,474 (the “Law”) was published, which extends the Postnatal Parental Leave and creates an extraordinary bonus “Chile supports winter”. This law establishes the following:

I. Extension of the Postnatal Parental Leave.

1. Workers who are making use of parental postnatal leave and whose termination occurs between May 1 and September 30, 2022, shall have the right to extend it once it has ended for the care of the child.
2. The extension shall be granted for a full day and shall be extended from the day following the end of the postnatal parental leave, for a maximum period of sixty continuous days and, in any event, until September 30, 2022.
3. The worker who is on medical leave at the time of the publication of this Law, may only request the extension once the term of such leave has expired.
4. If both parents had benefited from the postnatal parental leave, either of them, at the mother’s choice, may make use of this extension.
5. The worker who has finished his or her postnatal leave and returned to work between May 1, 2022 and July 27, 2022, and who would like to take advantage of the extension benefit, must notify his or her employer by e-mail or registered letter sent within 15 days from July 27, 2022, with a copy to the Labor Inspection.
6. During the period of extension of the parental postnatal leave, the worker will receive a subsidy, the amount and form of payment of which will be the same as that of the subsidy received for the parental postnatal leave.
7. In cases in which the worker has returned to work for half of his or her working day, the allowance derived from such extension shall be that which would have corresponded to him or her had he or she made use of the full working day leave.
8. Workers who make use of this extension shall be entitled to an extension of the leave referred to in article 201 of the Labor Code.

II. Extraordinary Chile Supports Winter Bonus.

9. A one-time extraordinary bonus is granted in favor of the beneficiaries indicated in the Law and its amount is determined by virtue of the categories indicated therein.
10. The bonus will be paid in a single installment in the month of August 2022.
11. The bonus will not constitute remuneration or income for any legal effect and, consequently, it will not be taxable and will not be subject to any discount.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

Decree No. 1.089 of the Ministry of Finance is published, which determines the Minimum Monthly Income as of August 1, 2022, for the cases indicated below.

On July 26, 2022, Decree No. 1.089 of the Ministry of Finance (the “Decree”) was published, which determines the amount of the Minimum Monthly Income that will be in effect as from August 1, 2022 for workers under 18 years of age and over 65 years of age and for non-remunerative purposes. In particular, this Decree establishes the following:

a) Effective August 1, 2022, the Minimum Monthly Income shall be $298.391 for workers under 18 years of age and over 65 years of age.

b) As from August 1, 2022, the Minimum Monthly Income for non-remunerative purposes shall be $257.836.

Likewise, as of August 1, 2022, the brackets and amounts of the family and maternity allowance will be as follows:

a) Of $16.418 per beneficiary, for those beneficiaries whose monthly income does not exceed $419.414.

b) $10.075 per beneficiary, for those beneficiaries whose monthly income exceeds $419.414 and does not exceed $612,598.
c) $3.184 per beneficiary load, for those beneficiaries whose monthly income exceeds $612.598 and does not exceed $955.444.

d) Persons who have accredited or who accredit family responsibilities, whose monthly income exceeds $955.444, will not be entitled to the aforementioned allowances.

Finally, the Decree establishes that, as of August 1, 2022, the amount of the family allowance will be $16.418.

Should you require additional information on this matter, you may contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

The Labor Directorate pronounces on the right to disconnection with respect to workers excluded from limitation of working hours who provide services under the teleworking modality.

On July 7, 2022, the Labor Directorate issued Opinion No. 1162/24, ruling on the possibility that workers who provide services under the modality of teleworking and who are excluded from limitation of working hours, can send emails at any time, including holidays, considering the right to disconnection established in Article 152 quater J of the Labor Code. Specifically, this pronouncement states the following:

1. Workers are not obligated to send communications to their employer during the period of disconnection, in order to keep their work up to date.

2. In view of the unwaivable nature of the right to disconnection, the protection provided by the legislator is broad, being a period of time in which workers will not be obliged to respond to communications, orders or other requirements of the employer.

3. The right to disconnection guarantees that the worker does not have to deal with other aspects of the employment relationship, such as keeping alert to notices, notifications or even sending communications, even though these do not respond to an immediate request from the employer.

4. It is not in accordance with the law for workers to send emails during the time of disconnection in order to comply with the obligations inherent to the provision of services, considering the inalienable nature of this right.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

The Labor Directorate pronounces on the interpretation and scope of Law No. 21.441, which extends the duration of leave for workers in the event of the death of father, mother and siblings.

On June 22, 2022, the Labor Directorate issued Opinion No. 1076/19, ruling on the meaning and scope of Law No. 21.441, which extends the duration of leave for workers in the event of the death of the father or mother, and incorporates the same leave in the event of the death of a sibling. Specifically, this pronouncement states the following:

1. The leave for the death of the father or mother is extended to 4 working days.
2. The same leave of 4 working days is established for the death of a sibling of the employee.
3. The leave due to the death of the father, mother or brother of the employee is effective as of the day on which the death occurred.
4. The computation of the leave includes only working days, therefore excluding for this purpose all those days that are holidays or public holidays according to the law.
5. The work leave is effective as of April 9, 2022, date of publication of the law under study in the Official Gazette.
6. In view of the labor nature of the right arising from the regulations introduced by Law No. 21.441, this right cannot be waived as long as the employment contract exists.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

The Labor Directorate pronounces on the meaning and scope of Law No. 21.391, which establishes the telework modality, in relation to the adjustment of the school calendar.

On June 15, 2022, the Labor Directorate ruled on the meaning and scope of Law No. 21.391, which establishes the modality of telecommuting or teleworking for the care of children and people with disabilities, making special mention to the application of such circumstance in relation to the adjustment of the school calendar determined by the health authority, by means of Opinion No. 1050/18. Specifically, this pronouncement states the following:

I. LAW N°21.391 AND INCORPORATION OF ARTICLE 206 BIS TO THE LABOR CODE.

1. Law N°21.391 consists of a single article (206 bis of the Labor Code), which establishes that, in the event that the authority declares a state of constitutional exception of catastrophe, due to public calamity, or a health alert on the occasion of an epidemic or pandemic due to a contagious disease, the employer shall be obliged to offer the modality of telecommuting or teleworking, without this implying a reduction in their remunerations, to the extent that the nature of their duties allow it and the workers consent to it.

2. The foregoing shall apply to dependents in the following situations:

(a) To the worker who has the personal care of at least one preschool child. If both parents are workers and have the personal care of a child, at the mother’s choice, she may make use of this prerogative.
b) A worker who has the personal care of at least one child under 12 years of age, who is affected by such circumstances and the authority adopts measures that imply the closing of basic education establishments or prevent attendance to them.
c) Workers who have in their care persons with disabilities.

II. ADAPTATION OF THE SCHOOL CALENDAR DETERMINED BY THE HEALTH AUTHORITY AND THE APPLICATION OF ARTICLE 206 BIS.

3. The Ministry of Health instructed the adjustment of the school calendar, bringing forward the starting date of the winter vacation and determining the suspension of classes for one week, in addition to such break.

4. The measure adopted is due to the fact that the period in which the seasonal peak of the circulation of other respiratory viruses, in addition to SARS CoV-2, has been brought forward in relation to previous years. In addition, epidemiological experience has shown that the pause in educational activities has been an effective measure for the decompression of the pediatric healthcare network.

5. In the opinion of the Labor Directorate, the instructions of the health authority and the reasons on which it is based, configure the assumptions provided for in Article 206 bis of the Labor Code, in which case the employer must offer the worker who has the personal care of at least one child under 12 years of age, who is affected by such circumstances, the modality of telecommuting or teleworking, to the extent that the nature of their duties would allow it.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

Exempt Resolution No. 428 of the Ministry of Labor is published, which creates the “40-hour Seal” certification.

On June 1, 2022, Resolution No. 428 of the Ministry of Labor and Social Welfare, hereinafter the “Ministry”, was published in the Official Gazette, which determines that companies that implement an ordinary working day of 40 or less hours per week, may have a certification called “40 hours stamp”. In particular, this resolution states the following:

a) The certification will be delivered by the Ministry to companies of any size or category that implement an ordinary working day of 40 or less hours per week.

b) The certification will give rise to the delivery of the “40 hours Seal”, which will constitute a public recognition to the companies that prove compliance with the following requirements:

i. To have hired at least 80% of the workers with an ordinary working day that does not exceed 40 hours or less than 30 hours per week.
ii. Not having been convicted for violation of fundamental rights.
iii. Be up to date in the payment of the social security obligations of its workers.

c) The Ministry will keep published on its web page the list of companies that have been awarded the “40 hours Seal”.
d) The companies certified with the “40 Hours Seal” will be sponsored by the Ministry.
e) Companies may publicize the awarding of the “40 Hour Seal” certification on their web page or through other social communication channels. The promotion of the “40 Hour Seal” and the sponsorship of the Ministry by the certified company will only be allowed while the certification is in force.
f) The company may voluntarily renounce the “40 Hour Seal” distinction at any time, in which case it must inform the Ministry in writing.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

The Labor Directorate pronounces on the law that establishes special measures in case of gestational or perinatal death.

On May 25, 2022, by means of Ruling No. 853/16, the Labor Directorate ruled on the meaning and scope of the provisions of Law No. 21.371, which establishes special measures in the event of gestational or perinatal death. Specifically, this pronouncement states the following:

1. The leave due to the death of a child is extended from 7 to 10 calendar days, in addition to the annual holiday, which the beneficiary may request regardless of the time of service.
2. Likewise, the leave in the event of the death of a child during pregnancy is increased from 3 to 7 working days.
3. The leave due to the death of a child must be used continuously, that is, without interruptions from the day of the death.
4. The leave due to the death of a child in gestation begins from the date on which the fetal death is certified by the respective certificate.
5. The computation of the 10 calendar days of leave to which the worker is entitled when a child dies, shall also include the days of holidays that affect the period of leave.
6. The calculation of the 7 days of leave due to the death of a child in gestation, includes only working days, therefore excluding for this purpose, all those that are holidays or public holidays according to the law.
7. The benefit contemplated in Law No. 21.371 is effective as from September 29, 2021.
8. The right contemplated in Law No. 21.371 cannot be waived in accordance with paragraph 2 of Article 5 of the Labor Code. The foregoing, as long as the employment contract subsists.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

Law No. 21.456 is published, adjusting the amounts of the Minimum Monthly Income as of May 1, 2022.

On May 26, 2022, Law No. 21.456 (the “Law”) was published, which readjusts the amount of the Minimum Monthly Income, as well as the family and maternity allowance and the family subsidy, grants a temporary subsidy to micro, small and medium-sized companies and establishes a compensatory contribution for the increase in the value of the basic food basket. In particular, this law establishes the following:

I. Readjustment of the amount of the Minimum Monthly Income.

1. As of May 1, 2022, the Minimum Monthly Income for workers over 18 years of age and up to 65 years of age is raised to $380,000.

2. Effective August 1, 2022, the Minimum Monthly Income for workers over 18 years of age and up to 65 years of age is increased to $400,000.

3. As of May 1, 2022, the Minimum Monthly Income for workers under 18 years of age and over 65 years of age is increased to $283,471.

4. As of May 1, 2022, the Minimum Monthly Income for non-remunerative purposes is increased to $244,944.
5. As of August 1, 2022, the amount of the Minimum Monthly Income applicable to workers under 18 years of age and over 65 years of age and for non-remunerative purposes shall be increased in the same proportion in which the amount of the Minimum Monthly Income for workers over 18 years of age and up to 65 years of age is increased.

6. If the accumulated variation of the Consumer Price Index exceeds 7% in a period of 12 months as of December 2022, the Minimum Monthly Income for workers over 18 years of age and up to 65 years of age will be increased to $410,000 as of January 2023. If the above is fulfilled, the Minimum Monthly Income applicable to workers under 18 years of age and over 65 years of age and for non-remunerative purposes, will be increased in the same proportion and opportunity in which the amount of the Minimum Monthly Income for workers over 18 years of age and up to 65 years of age increases.

II. Subsidy to micro, small and medium-sized companies.

7. A temporary monthly subsidy for the payment of the Minimum Monthly Income is established for micro, small and medium-sized companies, which will be charged to the taxpayer.

8. Individuals and legal entities, excluding cooperatives, that have reported the beginning of activities in the first category to the SII and that have annual income from sales and services higher than 0.01 UF and equal or lower than 100,000 UF, accounted as indicated in the Law, will be entitled to this subsidy.

9. The following are excluded from the subsidy:

a) Individual limited liability companies with a single dependent worker who coincides with the incorporator of the company and joint stock companies with a single dependent worker who coincides with one of the partners of the company.

b) Legal entities of any type that have one or more partners or shareholders who are, in turn, legal entities, and who have reported commencement of activities as of April 30, 2022.

c) Those who, as of April 30, 2022 and during the validity of the subsidy created by the Law, carry out financial and insurance activities.

10. The amount of the monthly base subsidy will be the product between an amount per worker and the number of workers considered for the calculation in the base month. The rules for its determination are as follows:

• The amount per worker shall be equal to $22,000 between the months of May to July 2022, and $26,000 as of August 2022. However, in the event that the assumption of a 7% increase in the Consumer Price Index (CPI) between January and April 2023 is met, the amount per worker will be equal to $32,000.
• The workers to be considered for the calculation of the subsidy will be those dependent workers with taxable income between $349,000 and $351,000, and between $436,500 and $438,500 in the corresponding base month.
• The month with the highest number of workers considered for the calculation of the subsidy between January and April 2022 will be considered as the base month, with the exceptions indicated in the Law.

11. Para efectos del subsidio, se considerará la información disponible en la base de datos de los trabajadores sujetos al seguro de cesantía en el mes base correspondiente.

12. El subsidio deberá ser solicitado por el beneficiario una única vez, sin perjuicio de que se devengará mensualmente. La solicitud se realizará en una plataforma electrónica dispuesta por el SII.

13. Los beneficiarios del subsidio a quien se les haya otorgado el beneficio mediante simulación, falseando datos o antecedentes, deberán reintegrar todo o parte del subsidio en la forma y plazo que determine el SII.

14. El beneficiario del subsidio no podrá poner término al contrato de trabajo de un trabajador dependiente y suscribir uno nuevo, ya sea con el mismo trabajador o uno distinto, en el que se pacte una remuneración inferior de la que éste recibía, con el objeto de obtener el subsidio. Adicionalmente, el beneficiario del subsidio no podrá modificar los contratos de trabajo de sus trabajadores para reducir la remuneración bruta mensual, ni ninguno de sus componentes, con el objeto de obtener el subsidio. De incurrir en algunas de estas conductas, a contar del 30 de abril de 2022, no podrá recibir el subsidio.

15. El beneficiario no podrá pactar las remuneraciones con sus trabajadores en atención al monto del subsidio, sino que éstas deberán ser pactadas de manera objetiva, basándose en las capacidades, calificaciones, idoneidad, responsabilidad o productividad del trabajador.

16. El beneficiario que incurra en algunas de las conductas señaladas previamente podrá ser sancionado con una multa a beneficio fiscal según lo dispuesto en el artículo 506 del Código del Trabajo, por cada trabajador dependiente.

17. El subsidio se devengará desde el 1 de mayo de 2022 hasta el 30 de abril de 2023, sin perjuicio de los pagos que se efectúen después de esa fecha.

18. Las micro, pequeñas y medianas empresas que reciban el subsidio serán incorporadas en el Registro Nacional de Mipymes que otorga bonos de cargo fiscal a las micro y pequeñas empresas por la crisis generada por el Covid-19.

En caso de que requiera información adicional sobre esta materia, puede contactar a: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), y/o Felipe Ovalle (fovalle@jdf.cl).

The Directorate of Labor published ruling N°810/15, which reconsiders the doctrine relating to collective bargaining carried out by negotiating groups.

On May 19, 2022, the Labor Directorate published ruling No. 810/15, which ruled on various aspects related to collective bargaining carried out by negotiating groups, reconsidering the doctrine on this matter. Regarding the ruling, we can highlight the following:

1. The Labor Directorate points out that the negotiating groups could only negotiate through an atypical procedure, since they are entities that are not regulated by the current labor legislation.

2. The Labor Department considers that the absence of a legal collective bargaining procedure for negotiating groups implies that the Labor Department is not empowered to determine the manner in which the collective will is exercised in this case, being a matter to be determined by the legislator. This prevents the Labor Directorate from qualifying as a collective instrument any agreements entered into by a negotiating group.

3. The Labor Department argues that in this type of procedure the regulation on regulated and unregulated collective bargaining would not be applicable. Nor would it be possible to extend the benefits of an agreement entered into by a group of workers united for the sole purpose of negotiating.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

The Directorate of Labor establishes new guidelines on the Electronic Labor Registry.

On April 27, 2022, by means of Service Order No. 3, the Labor Directorate established new guidelines on the Electronic Labor Registry (hereinafter the “Registry”), establishing definitions, regulating its operation and assigning responsibilities for it.

Specifically, the Service Order states that the management, development and maintenance of the Registry is the responsibility of the entire Institution (Labor Directorate), for which purpose an interdepartmental work team is permanently established to design, create, maintain and propose improvements to the Registry. In addition, the Service Order describes the structure and components of the Registry, together with the details of the information that must be entered by the employers.

It also contemplates the possibility for employers to request a certificate of technical unavailability of the system. Once this option is exercised by the employer, the Labor Directorate must issue a certificate of technical unavailability of the website, which will be delivered through the institutional Office of Information, Complaints and Suggestions (OIRS). The OIRS is accessed from the institutional website and a text extending the deadline for uploading the record until the technical difficulty has ceased.

Finally, we inform you that on April 28, 2022, the Presidency of the Republic issued Supreme Decree No. 39, providing for the postponement of the entry into force of the Electronic Labor Registry until June 2023. This is with the exception of the registration of labor contracts.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

Updated law Law is published that extends the duration of work leave for workers in the event of the death of a parent, and incorporates the same leave in the event of the death of a sibling.

On May 9, 2022, Law No. 21,441 was published in the Official Gazette, which amends Article 66 of the Labor Code, extending the duration of the work leave for workers in case of death of the father or mother, and incorporating the same leave in case of death of a sibling.

Specifically, this law establishes that, in the case of death of a sibling, father or mother of the worker, such worker will be entitled to a paid leave of absence for 4 working days.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

Up-to-date case law Supreme Court rules on attendance registration system that geolocates and obtains facial image of workers.

On April 28, 2022, the E. Supreme Court upheld the judgment issued by the Court of Appeals of Santiago, which dismissed the appeal for protection filed by a workers’ union, which sought to declare arbitrary the use of attendance registration systems of workers by means of geolocation and facial image capture. Specifically, the Court of Appeals points out the following:

1. The legal regulation of telecommuting and teleworking establishes that it is the responsibility of the employer, where appropriate, to implement at its own cost a reliable mechanism for recording the fulfillment of the working day remotely, in accordance with articles 33 and 152 quater J of the Labor Code.

2. In this regard, the Court of Appeals pointed out that the Labor Directorate, by means of Ordinary No. 1408 of April 8, 2020, carried out an analysis regarding the appropriateness of the use of mobile applications for time control and sending photographs to mark the daily workday.

3. The Court of Appeals agrees with the Labor Directorate with respect to the appropriateness of such marking system, to the extent that the parties have agreed in the employment contract or its annex and that the photograph is used only for the identification of the worker. In such circumstances, the obligation to take a photograph and, subsequently, send it through a communication network, in principle, would not violate the fundamental rights of workers.

4. Additionally, the Court of Appeals pointed out that the Labor Directorate, in the aforementioned Ordinary, indicated that “the photograph itself constitutes an electronic document, in accordance with the provisions of Article 2, letter d) of Law No. 19,799, on electronic documents, electronic signature and certification services of such signature, by means of which the workers could identify themselves in a system, as they would do with a password or their fingerprint. Having specified the foregoing, it should be pointed out that (…) if it is intended to be the means of identification for making markings in the attendance system, it would be in accordance with the law. On the contrary, if its purpose were another, for example, to determine work performance parameters, the photograph in question could not be part of a system specifically authorized for the control of attendance and working hours”.

5.  In view of the above arguments, the Court of Appeals resolves that there is no illegal or arbitrary conduct in the adoption of the system of registration and control of attendance adopted for workers subject to the modality of telecommuting or teleworking, as long as it has been so agreed in the respective employment contract or annex thereto and the limitations imposed by law and instructions of the Labor Directorate are observed by the employer.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), Felipe Ovalle (fovalle@jdf.cl) and/or Jorge Tisné (jtisne@jdf.cl).

The Labor Directorate pronounces on the extension of the maternity leave associated with the Protected Parenting Law

On May 5, 2022, by means of Ruling No. 692/14, the Labor Directorate ruled on the effects of the extension of the maternity leave associated with the Protected Parenting Law, in relation to the end of the state of constitutional exception of catastrophe.

Specifically, this pronouncement states that the extension of the maternity leave period contemplated in articles 2 bis and 4 final clause of the Law of Protected Upbringing, applies even after the end of the state of constitutional exception of catastrophe, being entitled to the workers who availed themselves of the benefits of parental preventive leave and suspension for care reasons, for the time equivalent to the time effectively used in the referred benefits.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Labor Department issues instructions for mass registration of employment contracts.

In April 2022, the Labor Directorate issued an instruction for users, which aims to inform about the steps to follow to complete the Mass Registration of Employment Contracts. This is in compliance with the obligation to register in the Labor Directorate’s website the employment contracts signed prior to October 1, 2021. The deadline to comply with this obligation expires on April 30, 2022, as established by Law No. 21.327.

To carry out such registration, you must enter through the web site “Mi DT”, and then access through the Electronic Labor Registry (REL), following the instructions indicated in the instructions, which you can find in the following link

In case you require additional information on this matter, you may contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Directorate of Labor pronounces itself on the scope in labor matters of the vaccination process against Covid-19.

On March 23, 2022, the Labor Directorate issued a pronouncement by means of Ruling No. 482/09, in which it refers to the scope in labor matters of the national vaccination process against Covid-19. Specifically, this pronouncement states the following:

1. Employers are not empowered to require their employees to undergo the vaccination process against Covid-19, since the vaccine is not mandatory. The only authority that has the power to order its obligatory nature is the President of the Republic.

2. The fact that the employer refuses to grant the agreed work to a worker for not being vaccinated against Covid-19, constitutes a breach of the obligation to provide the agreed work and, therefore, of Article 7 of the Labor Code, which provides that the employment contract generates obligations for both parties. The foregoing, without prejudice to the analysis that may be made on a case-by-case basis by the Labor Directorate or what may be resolved by the Courts of Justice.

3. In view of the fact that the competent authority has not made any distinction regarding the compulsory nature of vaccination against Covid-19 for certain workers, based on the nature of the work they perform, the Labor Directorate cannot make such a distinction, since it would imply arrogating to itself powers that have not been conferred upon it.

4. The employer cannot condition the validity of the labor relationship to the fact that a worker is vaccinated, since, in fact, it would imply forcing him to be inoculated. Therefore, it would not be in accordance with the law for an employer to invoke such facts as grounds for the termination of the labor relationship, without prejudice to what the Courts of Justice may decide in each particular case.

5. In the event that an employer requires the Covid-19 vaccine as a hiring requirement, such action, not being related to the personal capacity and suitability of the worker, could be considered as an act of discrimination.

6. Permission to go for vaccinations against Covid-19, since it is not regulated, shall be in accordance with the provisions of Article 66 ter of the Labor Code, the Internal Regulations on Health and Safety, or as agreed by the parties in the individual or collective contract.

7. In the event that the parties are unable to reach an agreement regarding the aforementioned leave, the employee may also go to be vaccinated against Covid-19, without this being considered an unjustified leave, as long as it is accredited with the corresponding proof of vaccination.

Therefore, it would not be in accordance with the law to invoke such facts to terminate the employment relationship, without prejudice to what the Courts of Justice may determine in each particular case.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Law No. 21.431 regulating the Contract for Digital Platform Workers is published.

On March 11, 2022, Law No. 21,431 was published in the Official Gazette, which amends the Labor Code by regulating the contract of workers of digital service platform companies. In this regard, this law provides the following:

I. Definitions.

1.1. A digital platform company shall be understood as “that organization that, for a fee, administers or manages a computer system or technology system executable in mobile or fixed device applications that allows a digital platform worker to perform services for the users of such computer or technological system in a specific geographic territory, such as the collection, distribution and/or delivery of goods or merchandise, minor passenger transportation, or others”.

1.2. A digital platform worker shall be understood as “one who performs personal services, either on his own account or on behalf of others, requested by users of an application administered or managed by a digital service platform company”.  

II. The employment contract of dependent digital platform workers.

 2.1. Digital platform workers who provide personal services for a digital service platform company (hereinafter, the “Company”) under dependence and subordination, are governed by Paragraphs I, II and IV of Chapter X of the Labor Code and the general rules of the same Code, insofar as they are not incompatible or contradictory with those set forth in such paragraphs.

2.2. The contract of dependent digital platform workers shall indicate, in addition to the provisions of the employment contract set forth in Article 10 of the Labor Code, a number of additional provisions.

2.3. The Company shall inform in writing to the dependent digital platform worker about the risks involved in their work, preventive measures and the correct means of work in each particular case.

2.4. With respect to this type of workers, the entire time during which the worker is at the disposal of the Company, from access to the digital infrastructure and until he/she voluntarily disconnects, shall be considered as working time.

2.5. Workers may freely distribute their working day in the schedules that best suit their needs, always respecting the maximum limit of the ordinary weekly and daily working day.

2.6. Digital platforms shall implement, at their own cost, a reliable mechanism for recording the working day of digital platform workers.

2.7. The parties may agree on wages in accordance with the provisions of Article 44 of the Labor Code or for services actually rendered. In any case, the salary per hour actually worked may not be less than the proportion of the minimum monthly income determined by law, increased by 20%.

2.8. If salaries are paid for services effectively rendered to the platform users, the payment of wages shall contain in an annex, which constitutes an integral part of the same, the details of each operation that gave rise to it and the form used for its calculation.

2.9. Remunerations shall be paid at the periodicity stipulated in the contract. In the absence of stipulation, remuneration shall be paid weekly.

III.        Employment contract of independent digital platform workers.

 3.1. The services provided through a Company by independent digital platform workers shall be governed by the provisions of Paragraphs I, III and IV of Chapter X of the Labor Code.

3.2. The Company shall limit itself to coordinate the contact between the independent digital platform worker and its users.

3.3. The contract for the provision of services of this type of worker must be in writing and indicate, in clear, simple language and in Spanish, a series of special stipulations.

3.4. The Company may only enable the independent digital platform worker in its systems once he/she has expressly declared his/her agreement with the terms and conditions of the contract. Any modification of the contract must be informed and accepted by the Freelance Digital Platform Worker in order to be applicable.

3.5. A copy of the contract shall be delivered, physically or electronically, to the independent digital platform worker and another copy shall be kept at the disposal of the parties in the Company’s computer system.

3.6. Within the respective payment period, which may not exceed one month, the Company shall pay the independent digital platform worker the corresponding fees for the services effectively rendered to its users.

3.7.  The Companies shall require the independent digital platform worker to issue the corresponding tax documentation, such as the respective fee slip for the services rendered to the users.

3.8.  The fees for each hour of services effectively performed may not be less than the proportion of the minimum monthly income determined by law, increased by 20%. For its calculation, the value of the minimum monthly income shall be divided into 180 hours.

3.9.  The Company, in the respective pay period, shall verify that the fees accrued for the services actually rendered comply with these minimum values and, if they are not reached, shall pay the employee the difference.

3.10. The independent digital platform worker shall have the right to access social security coverage.

3.11. The Company shall ensure compliance with a minimum disconnection time of the independent digital platform worker of 12 continuous hours within a 24-hour period.

3.12. The Company may only temporarily disconnect the independent digital platform worker to enforce this right and may not carry out temporary disconnections or other punitive measures based on facts such as the independent worker’s rejection of the service offered or the non-connection to the digital platform of services in a certain period of time.

3.13. In case of prior notice for termination of the worker’s contract referred to in this paragraph, the Company shall communicate in writing the termination of the contract to the independent digital platform worker who has provided continuous services for 6 months or more through its platform, at least 30 days in advance. Such advance notice shall not be required when the termination of the contract is due to conduct described therein that constitutes a serious breach by the independent worker.

3.14. The Company shall respect the constitutional guarantees of the independent digital platform worker, to whom the guardianship procedure regulated in article 485 and following of the Labor Code shall be applicable, in the event that during the last 3 months he/she has rendered services, at least 30 hours on average each week.

IV. Common rules applicable to dependent and independent digital platform workers

4.1. The Company has the obligation to inform the digital platform worker about the service offered. This includes the place of delivery, the identity of the user of the service and the means of payment to be used. In the case of deliveries, the Company must indicate the address where the delivery will be made, and in the case of transport services, the addresses of origin and destination.

4.2. The employee’s data are strictly confidential and may only be used by the Company in the context of the services it provides. They may be released, in any case and exclusively for the purposes requested, by means of a judicial decision.

4.3. Notwithstanding the foregoing, in the event that the employee requests access to his/her personal data, the data must be delivered by the platform within 15 working days from the date of the request.

4.4.  In the implementation of the algorithms, the Company shall respect the principle of equality and non-discrimination. Discrimination shall be deemed to be apparently neutral conduct by the employer, the result of which disproportionately affects one or more workers.

4.5.  The Company shall provide the employee with:

I. Adequate and timely training that considers the safety and health criteria defined by the competent authority for the activity being performed.

II. A protective helmet, knee and elbow pads for digital platform workers who use a bicycle or motorcycle to provide their services, which must comply with the certifications and regulations in force, in accordance with the Traffic Law. At the end of the services, the worker shall return to the Company the elements provided as agreed.

III. A damage insurance that insures the personal property used by the worker of digital platforms in the provision of the service, with a minimum annual coverage of 50 Unidades de Fomento.

Compliance with these obligations shall not constitute an indication of subordination and dependence with respect to independent digital platform workers.

4.6. For the determination of the legal indemnities corresponding to the termination of the employment contract, the average remuneration of the last year worked shall be considered as the basis for calculation, excluding those months not worked and the years of service shall be taken into consideration.

4.7. The workers of digital service platforms shall have the right to form trade union organizations.

4.8. Union organizations that affiliate dependent and/or independent workers of digital platforms may negotiate in accordance with article 314 of the Labor Code.

4.9. In the event that the draft collective bargaining agreement is submitted to 2 or more companies and each of them agrees to negotiate, each company shall decide whether to negotiate jointly or separately, communicating its decision to the union negotiating committee in its response to the draft collective bargaining agreement.

V. Other Provisions.

5.1.  This law shall enter into force on September 1, 2022.

5.2. Companies that at the date of entry into force of this law do not comply with the requirement established in the first paragraph of Article 19 of the Labor Code (minimum percentage of workers of Chilean nationality), shall have a term of 3 years from the publication of this law, that is, until March 11, 2025.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

Supreme Decree establishing the migratory subcategories of transitory stay is published.

On March 4, 2022, Supreme Decree No. 23 of the Ministry of the Interior and Public Safety was published in the Official Gazette, which establishes the immigration subcategories of temporary stay applicable to foreigners in Chile. The Supreme Decree establishes the following:

1. Prior authorization or visa will not be required for entry and stay in Chile for those who do so as holders of a transitory stay permit. Notwithstanding the foregoing, in qualified cases of national interest, or for reasons of international reciprocity, prior authorization or visa granted by a Chilean consulate abroad may be required.

2. All foreigners must prove the lawful means of subsistence that allow their stay in the country, according to the amount established by the National Immigration Service.

3. At the moment of entry, the holders of the transitory stay permit shall be entered in the registry of the controlling authority and may receive a document accrediting their entry.

4. The duration of the transitory stay permit shall be up to 90 days, which period may be limited or extended for up to 90 additional days, only once, except in case of force majeure, and a second extension may be granted for the time strictly necessary to leave the country.

5. The validity of the transitory stay permit may not exceed the expiration date of the passport or travel document.

6. 6 subcategories of transitory stay are established:

1. Permit for foreigners entering the country for recreational, sports, health, study, business, family or other similar purposes.

1. The permit may be granted to foreigners who intend to enter the country without the intention of settling in it. Persons entering for purposes of recreation, health, studies, members and personnel of public shows, lecturers, sportsmen, technical advisors and experts will be considered in this category.

2. Foreigners requesting this permit must prove before the controlling authority that they have a valid passport or other travel document, qualified by exempt resolution.

1. Permit for crew members of vessels, aircraft or land or railroad transportation vehicles belonging to companies engaged in the international transportation of passengers and cargo.

1. Foreign crew members must have appropriate documentation to prove their identity and status as such.

2. The controlling authority shall grant them a document called “crew card”, which shall be valid for up to 90 days, and shall be withdrawn at the time of departure or last sailing.

3. In the case of crew members whose destination is not Chile, they will be issued a crew card for a period not exceeding 72 hours, after withholding their personal documentation.

4. If the work is extended beyond the term of the permit originally granted, the company shall require a temporary residence permit for the development of lawful remunerated activities under subordination or dependence.

6.3. Permits contemplated in international treaties signed by Chile and in force.

Foreigners, nationals or residents of States party to international agreements entered into by Chile that reciprocally grant authorization to enter the territory for recreational, sports, health, study, business management, family or similar purposes shall be eligible for the permit.

6.4. Permit for foreigners living in the border areas.

The conditions for the granting of the permit shall be established in the corresponding bilateral border agreements.

6.5. Permit in case of conditional entry.

In those cases in which the conditional entry of foreigners who do not comply with the requirements set forth in Law No. 21.235 on Migration and Foreigners is exceptionally allowed, the controlling authority shall register such circumstance and shall issue a transitory stay permit that shall be understood to be valid only and exclusively in relation to the time strictly necessary to overcome the factual situation that has given rise to it.

6.6Permit for Official Residents who terminate their missions.

Once the status of official resident has expired, the foreigner may remain in the country as holder of the transitory residence permit. For this purpose, the new permit must be requested through the electronic platform of the National Migration Service, or at the General Directorate of Consular Affairs of the Ministry of Foreign Affairs.

7. Holders of transitory stay permits may not engage in remunerated activities, except in the case of specific and occasional activities that receive remuneration or profits in Chile or abroad.

8. The authorization to carry out remunerated activities must be requested through the electronic platform of the National Migration Service and will be subject to the payment of fees. The payment may be made before entering Chile, at the authorized entry point to the country, or within the national territory.

9. Applications submitted prior to the entry into force of this supreme decree, and which are pending resolution, will be resolved by the National Immigration Service, granting the interested party the transitory stay permit that is most closely related to the application.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Labor Department rules on the authorization for Covid-19 antigen sample collection.

On January 27, 2022, the Labor Department ruled on the authorization to take an antigen sample for Covid-19, by means of Ruling No. 167/01. Specifically, this statement indicates the following:

1. By virtue of the general duty of protection that the employer has to protect the life and health of workers, established in Article 184 of the Labor Code, the employer must grant the worker the facilities and permissions for the necessary and reasonable time during his working day so that he can go to take a sample of antigen for Covid-19 to a health center mandated by the health authority or other type of establishment, whether mobile or not, provided that the worker is in any of the hypotheses that may qualify him as a “person on Covid alert”.

2. In the event that the employer refuses to provide the necessary facilities and permissions for the worker to go to the Covid-19 antigen sample collection during his working day, this would constitute a violation of the provisions of Article 184 of the Labor Code.

3. Without prejudice to the general duty of protection provided for in Article 184 of the Labor Code, the permission to take the Covid-19 antigen sample is not a matter that is expressly regulated, a situation that will lead the parties to adhere to the provisions of the Internal Rules of Order, Hygiene and Safety; the individual or collective contract; or any other instrument where it is regulated.

4. In turn, in the event of a company in which this matter is not regulated, it will be up to the parties to the labor relationship to agree on the form, times and conditions in which the aforementioned leave will be granted, without this hindering the employee’s attendance to the Covid-19 antigen sample collection.

5. If the employer and the worker are unable to reach an agreement regarding the way in which the leave to go to the Covid-19 antigen sample collection will be materialized, the worker may still go to the medical examination, without this being qualified by the employer as an unjustified, untimely departure or as abandonment of work by the worker. The above, as long as the employee proves that he/she has taken the antigen test for Covid-19 with the corresponding voucher. According to the Labor Directorate, it would not be in accordance with the law to invoke such facts to terminate the employment contract for the aforementioned reasons, without prejudice to what the Courts of Justice may determine in each particular case.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

Decree No. 2 of the Ministry of Finance is published, which determines the amount of the Minimum Monthly Income as of January 1, 2022.

On January 15, 2022, Decree No. 2 of the Ministry of Finance was published, which determines that as from January 1, 2022, the amounts of the Minimum Monthly Income will be as follows:

a) For workers over 18 years of age and up to 65 years of age, it will be $350,000.

b) For workers under 18 years of age and over 65 years of age, it shall be $261,092.

c) For non-remuneration purposes, it will be $225,.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

In January 2022, companies affected by the Labor Inclusion Law must report how they will comply by 2022.

Between January 1 and 31, 2022, companies with 100 or more workers must report electronically on the portal of the Labor Bureau, compliance with Law No. 21.015 on Labor Inclusion for the year 2022.

The Labor Inclusion Law, in force since April 1, 2018, obliges companies with 100 or more workers, to hire or keep hired at least 1% of people with disabilities or who are assignees of a disability pension, of any pension system, in relation to the total number of their workers. This obligation applies only in the months in which the companies actually have 100 or more workers, so that this obligation is not enforceable in the months in which the number of workers hired is less than 100.

Information that must be registered electronically with the DT.

Companies with 100 or more workers must report the number of workers with disabilities or disability pension recipients to be hired in 2022, based on 1% of the average number of workers in the previous year, i.e. 2021. The information that must be registered with the DT is as follows:

· Number of employees as of the last day of each month in 2021.
· Average number of workers for the year 2021.
· 1% of the average number of workers for the year 2021. This will be the number of workers to hire or keep hired in the year 2022, in those months in which the company has 100 or more workers.

This information must be recorded no later than January 31, 2022.

Thus, the affected companies must add up the number of workers hired as of the last day of each month of 2021, divide such total sum by 12 and calculate 1% to that result, which will be, in short, the number of workers with disabilities or disability pension recipients that must be hired during 2022.

Since companies can hire workers until the last day of the month and, therefore, have no certainty in advance of the number of dependents they will have during that month, the obligation to hire workers with disabilities will apply from the first day of the month following the month in which the company had 100 or more workers.

Subsidiary measures to comply with the Inclusion Law.

During its first two years of effectiveness, the law did not require companies that did not hire disabled people directly to comply with this law, but they could comply with this law in an alternative way, by entering into service provision contracts with companies that did hire people with disabilities or disability pension beneficiaries, or by donating money -until December 31 of each year- to projects or programs of associations, corporations or foundations that provide services to people with disabilities.

As of April 2, 2020, this subsidiary compliance is only possible in the event of any of the conditions established by law, which must be duly justified or justified by the employer:

· The nature of the functions performed by the company does not allow the hiring of persons with disabilities; or
· The lack of people interested in the job offers that have been made.

Regarding the argument of the nature of the company’s functions, it will be the body administering the mandatory insurance of Law No. 16.744 to which each company is affiliated or companies with delegated administration, which will qualify whether such functions cannot be performed by persons with disabilities. This, without prejudice to the participation of the company’s risk prevention department.

In the absence of either of the two reasons described above, companies can only comply with the law by directly hiring workers with disabilities or disability pension recipients.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).

Law No. 21.391 is published, which establishes the modality of teleworking for the care of children and people with disabilities, in the cases indicated.

On November 24, 2021, Law No. 21.391 was published in the Official Gazette, which adds Article 206 bis to the Labor Code, establishing the modality of telecommuting or teleworking for the care of children and people with disabilities, in the event of a state of constitutional exception of catastrophe, public calamity or a health alert due to an epidemic or pandemic caused by a contagious disease. Specifically, this law provides as follows:

1. If the authority declares a state of constitutional exception of catastrophe, by public calamity or a health alert on the occasion of an epidemic or pandemic due to a contagious disease, the employer shall offer the worker who has the personal care of a child in preschool stage, the modality of teleworking, to the extent that the nature of their duties permit. In such case, if both parents are workers, and have the personal care of a child, any of them may make use of this prerogative, at the choice of the mother.

2. The previous rule will be applied for those workers who have in their care persons with disability, circumstance that must be accredited through the respective certificate of inscription in the National Registry of Disability, which must be accompanied by a copy of the certificate, credential or registration of disability corresponding to the person whose care they have. The disability of the latter may also be accredited through the quality of assignee of a disability pension of any social security system.

3. On the other hand, if the authority declares a state of constitutional exception of catastrophe, by public calamity or a sanitary alert on the occasion of an epidemic or pandemic due to a contagious disease, and adopts measures that imply the closing of basic education establishments or prevent the attendance to them, the employer shall offer to the worker who has the personal care of the child under 12 years of age that is affected by such circumstances, the modality of telework, to the extent that the nature of his functions allows it. In this case the worker shall deliver to the employer a sworn statement that such care is exercised without the help of another adult person.

4. The modality of work shall remain in force during the period of time in which the circumstances described above are maintained, unless otherwise agreed by the parties.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

On November 18, 2021, Law No. 21,389 was published, which establishes obligations for employers regarding alimony.

On November 18, 2021, Law No. 21.389 was published in the Official Gazette, which creates the National Registry of Alimony Debtors and modifies several legal bodies to improve the system for the payment of alimony. In relation to labor effects, this law establishes the following:

1. Companies may be obliged to withhold and pay alimony in respect of natural persons who render services to them on a fee basis.

2. Deductions for alimony must be made after the mandatory deductions for taxes and social security contributions.

3. In the event that the withholding of alimony with respect to the substitutive indemnity for prior notice and/or indemnity for years of service is appropriate, the respective ministers of faith, prior to the ratification of the settlement, shall demand from the employer the accreditation of having made the discount, the withholding and the payment of said amounts in the account ordered by the court.

4. The foregoing shall also apply to the official of the Labor Inspectorate who authorizes a record of the conciliation meeting regarding the termination of the labor relationship and in which the payment of the aforementioned indemnities is recorded.

5. In order to comply with the above, the Labor Inspectorate official or the attesting officer, as the case may be, must verify whether the employer is subject to the obligation of judicial withholding of the alimony, requesting the last 3 pay statements of the employee and the corresponding deduction for judicial withholding.

6. The employer, for its part, shall be obliged to declare in writing its duty to withhold judicial withholding of alimony.

7. Failure to comply with the aforementioned will make whoever corresponds, jointly and severally liable for the payment of the alimony not deducted, withheld and paid.

8. In the event of a labor lawsuit, the court that establishes the total amount that the employer must pay to the worker, shall also order the employer to deduct, withhold, pay and accompany the proof of payment of the substitute indemnities and indemnities for years of service from which the corresponding alimony was deducted. For this purpose, the employer shall be obliged to inform the court of its duty to withhold the alimony.

9. If the employer fails to comply with the obligations described above, he/she may be fined twice the amount ordered to be withheld.

10. The employer shall be jointly and severally liable for the payment of the pensions not deducted, withheld and paid in favor of the maintenance.

11. Finally, it is established that, with respect to managers and directors of publicly traded corporations that have a current registration in the Registry of Alimony Debtors as a debtor, the respective company must withhold from the salary of the director or general manager, the equivalent of 50% of his salary or the total amount of alimony owed if this is less and must pay it directly to the beneficiary.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Law No. 21.361, which adapts the Labor Code with respect to electronic labor documents, enters into force.

On November 12, 2021, Law No. 21,361 came into force, which amends the Labor Code regarding electronic labor documents and minimum indications in notices of termination of employment contracts, among other matters.

In this respect, employers and workers will be able to electronically sign the termination, resignation or mutual agreement that terminates the employment contract.

On the other hand, the employer must inform the employee in the notice of termination whether the settlement will be granted and paid electronically or in person, indicating that the employee may always choose to sign it in person.

Furthermore, the employee must be informed of the possibility of making a reservation of rights when signing the dismissal, if he/she considers it necessary.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Resolution is published that establishes the procedure for the ratification of electronic labor documents and the entry into force of the law that adapts the Labor Code in this matter.

On October 25, 2021, Exempt Resolution No. 1340 was published, which establishes the procedures for the ratification of the settlement, resignation and mutual agreement in the electronic portal of the Labor Directorate; to require the employer to pay and comply timely and in full with the obligations arising therefrom; and to regulate the reservation of rights by the employee in the electronic settlement. This Resolution establishes the following:

1. Employers and workers who so wish may subscribe and ratify before a minister of faith the electronic labor documents called Digital Voluntary Waiver, Mutual Agreement of the Parties and Electronic Labor Settlement.

2. In order to prepare, access and decide on the rejection or acceptance of the aforementioned documents, the parties must enter the electronic site of the Labor Directorate, hereinafter the “Portal”. In such portal, the respective user will be allowed to develop the following procedures:

2.1. Digital Voluntary Waiver .

a) It shall be the responsibility of the employee to notify his/her employer of such cause for termination.

b) Once the Digital Voluntary Resignation letter has been notified, the employer shall be entitled to register the termination of the labor relationship in the relevant option of the Electronic Labor Registry.

2.2.  Mutual agreement of the parties.

a) It shall originate from the employer’s proposal to the employee or vice versa.

b) Once the proposal is received by the employee or the employer, as the case may be, the addressee may accept or reject it electronically.

c) The proposal of Mutual Agreement of the Parties shall be available electronically for a period of 10 working days. The proposal shall be understood to have expired if at the expiration of the term there is no response from the addressee.

d) Once the Mutual Agreement of the Parties has been signed and ratified, the employer shall be authorized to register the termination of the labor relationship in the relevant option of the Electronic Labor Registry.

2.3 Electronic termination of employment.

a) The Electronic Labor Settlement will be originated by the proposal of the former employer. This must be done within 10 working days from the employee’s separation.

b) Before sending the proposal, the former employer must authorize the verification of whether or not there is a social security debt. If there is a debt, the portal will reject the proposal of the former employer. Otherwise, the former employee will be informed by e-mail that the proposal for the Electronic Labor Settlement has been made available.

c) The aforementioned proposal will be available on the portal for a period of 10 working days. The proposal will be understood to have expired if at the expiration of the term no response is received from the former employee.

d) If the former employee rejects the proposal, the former employer shall be obliged to make the settlement available to the employee in person before a notary public. This must be done within 10 working days from the employee’s separation or, if it has expired, within 3 working days from the employee’s rejection. The former employer must notify the former employee of the availability of the employee in person, within the terms previously indicated.

e) If the former employee does not respond to the proposal within 10 working days, the proposal shall be deemed to have expired, and the former employee’s possibility of responding to it shall be extinguished. In such case, the former employer may again make available to the former employee a proposal for termination within 3 business days from the day on which the expiration of the previous proposal was verified. The former employer may choose to make the settlement proposal available to the former employee in person or through the portal of the Labor Directorate.

f) If the former employee accepts the proposal purely and simply, the former employer shall be obliged to pay the amounts contained in the proposal, which must be made within 5 working days.

g) If the former employee accepts the proposal with reservation of rights, if applicable, the former employer shall be obliged to pay the amounts that were not disputed, which shall be made within 5 working days. The matters subject to reservation may be subsequently claimed by the former employee.

h) All payments related to the Electronic Severance Payment shall be made by the former employer through the portal of the General Treasury of the Republic.

i) The portal will register the circumstance that the former employer has not made the payment within 5 working days. In such case, a document will be generated in the portal that will show the beginning and end of the labor relationship between the parties, the amounts that they agreed on the occasion of the termination of the labor relationship and the failure of the former employer to make the payment within the indicated term. Said document may be downloaded to be included in the actions aimed at demanding the payment and compliance of said obligation.

j) The Electronic Labor Settlement will be made available to both parties through the portal within 2 business days from the successful confirmation of payment by the General Treasury of the Republic.

k) All actions taken by either party will be automatically communicated to the other party via e-mail that has been previously registered with the Labor Directorate.

3. To make the payment of the amounts agreed in the settlement proposal accepted with or without reservation of rights, the portal will automatically redirect to the website of the General Treasury of the Republic. This institution will inform the Labor Directorate of the payment. If the payment is rejected, the General Treasury of the Republic will inform the Labor Directorate and will coordinate the payment of the agreed amounts to the former employee, through the cashier’s office of Banco Estado or by issuance of a cheque.

4. In the event that the Electronic Labor Settlement has been accepted with reservation of rights, the disputed concepts may be claimed by the former employee administratively before the Labor Directorate or before the labor or social security courts or labor collection courts, as appropriate.

5. The same procedures may be used for the case in which the former employer has not complied with the payment of the amounts of the proposed Electronic Labor Settlement.

6. In relation to the Electronic Labor Settlement, the applicable regulation shall be the following:

a) The employer shall inform the employee in the termination notice letter that, at the time of signing the severance agreement, he/she may formulate reservation of rights.

b) At the time of responding to the proposal of Electronic Labor Settlement of the former employer, the former employee may reject or accept it and, in the latter case, with or without reservation of rights.

c) The formulation of a reservation of rights shall not prevent the payment of the amounts not disputed in the aforementioned proposal, which shall be paid by the former employer.

d) The liberatory power of the Electronic Labor Settlement shall be restricted only to that in which the parties expressly agree and shall not extend to those aspects in which the consent has not been formed as a result of the reservation exercised by the former employee.

Should you require further information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle  (fovalle@jdf.cl)

The Ministry of Labor approves regulations that determine the data and documentation that employers must keep in the Electronic Labor Registry, as well as the modalities and procedures through which this registry will be implemented and kept up to date.

On October 28, 2021, Decree No. 37 of the Ministry of Labor and Social Security was published in the Official Gazette, which approves the regulation that determines the data and documentation that employers must keep in the Electronic Labor Registry, and the modalities and procedures through which such registry will be implemented and kept updated. The regulation states the following:

1. The information entered into the Electronic Labor Registry will be used for the purpose of exercising the powers of the Labor Directorate, such as audits, conciliations, mediations and ratification of settlements, as well as for statistical purposes, studies and dissemination carried out by the Service on compliance with labor and occupational safety regulations.

2. The Labor Directorate will enable on its website an electronic registry by virtue of which the employer must enter the data and all the labor documentation derived from the labor relations, whose compliance will be mandatory for all employers who are required by law to keep them. Employers who are not required to keep any specific registry may also voluntarily incorporate the information.

I. The data and documentation to be recorded by the employer shall be as follows:

a) Contract of Employment.

It will be mandatory for the employer to register the employment contract within 15 working days of its execution, including at least the stipulations contained in article 10 of the Labor Code.

In case there are modifications to the contract after the date of registration, the employer must only register the changes contained in the annexes subscribed to support such modification.

b) Amendments to the Employment Contract (Annexes) (Effective December 28, 2021).

The employer must register the modifications to the employment contract within 15 days of the execution thereof, expressly indicating the purpose of such modifications. For these purposes, the employment contract must be previously registered.

c) Termination of Employment Contracts (Effective December 28, 2021).

The employer must register the termination of employment contracts, whatever the cause, incorporating at least the following information: Terminaciones de Contrato de Trabajo (Will become effective as of December 28th, 2021).

i) Individualization of the parties;

ii) Date of commencement of the labor relationship;

iii) Date of termination of the labor relationship;

iv) Date and form of notice of termination;

v) Cause of termination; and

vi) In the cases in which it legally corresponds, the facts on which the cause for termination is based.

Individualization of the parties;

The above information must be recorded within the established deadlines, as appropriate to the verified cause of termination for sending copies of the termination notices to the Labor Inspectorate, and within 10 working days following the separation of the employee in cases of mutual agreement of the parties, resignation and death of the employee.

d) Electronic Payroll Book.

The employer must register in a standardized and monthly manner, the payments of remunerations, allowances, other benefits and indemnities made to their respective workers. The record must be made within the first 15 days of the month following the respective payment..

e) Joint Health and Safety Committee (CPHS) (Effective as of May 28, 2022).

The employer shall record the following background information related to the CPHS:

i) Names of the designated employers’ representatives and of the elected workers’ representatives; and

ii) Minutes of the election of the workers’ representatives.

The register must be completed within 15 days of the election of the CPHS representatives.

f) Bipartite Training Committee (Effective May 28, 2022).

Companies that hire 15 or more workers must register the constitution of the Bipartite Training Committee, declaring that it is constituted in accordance with the rules that regulate it and indicating, at least, the following:

i) Date of creation, and

ii) Names of its members.

The registration must be completed within 15 days from the constitution of the Bipartite Training Committee.

g) Internal Regulations on Order, Hygiene and Safety (RIOHS) (Effective December 28, 2021).

The employer must register the RIOHS in force in the company within 5 days from the beginning of the effective date of the referred regulation. The registration must include at least the following information:

i) Individualization of the employer;

ii) Date of publication and notification to the workers;

iii) Dissemination mechanism;

iv) Declaration of compliance with the minimum legal content; and

v) Copy of the aforementioned regulation.

h) Special working conditions agreements (Effective November 28, 2022).

If applicable, and within 5 days following the execution of an agreement on special working conditions, the employer must register the respective instrument electronically with the Labor Department, with at least the following information:

i) Individualization of the parties;

ii) Date of execution of the agreement;

iii) Matters covered by the agreement;

iv) Applicability to workers without union membership;

v) Validity of the agreement; and

vi) Copy of the aforementioned agreement.

i) Sanctions against Workers (Effective November 28, 2022).

The employer must register the sanctions applied to workers within 15 days from the adoption of the respective sanction. The record must indicate the following:

i) Individualization of the worker;

ii) Date of application of the measure; and

iii) Type of measure applied. Individualización del trabajador;

j) Collective Bargaining Agreements (Effective June 28, 2023).

The employer must register the collective bargaining agreements in force in the company within 5 days of their execution, including at least the following information:

i) Individualization of the parties;

ii) Date of subscription;

iii) Term;

iv) Existence or non-existence of benefit extension covenants;

v) List of workers involved; and

vi) Copy of the instrument.

k) Employee’s Attendance, Holidays, Leaves and Permits Record (Effective June 28, 2023).

The employer must register the attendance and the periods in which the employee does not render services, within 15 days from the end of the event that motivates the registration, that is, the end of the calendar month in the case of the attendance register, the end of the holiday used by the employee, the receipt of the medical leave form or the end of the leave granted, as the case may be. Along with this, the following must be indicated:

i) Individualization of the employee.

ii) In case of attendance record, detail of the respective calendar month.

iii) In the case of holidays, medical leave and leaves of absence, the period of time in which the employee did not render services and the reason for the absence; and

iv) In case of absence due to medical leave, the sole proof of presentation by the employer to the corresponding health entity shall be sufficient.

I. The employer may voluntarily register the following documents:

i) Termination of employment (preferably within 15 days after its subscription.) (Comes into force on November 28, 2022).

ii) Court Judgment declaring the Existence of Sole Employer. (Effective as of July 28, 2022).

1. In order to comply with the provisions of the regulation, the employer must be registered as a user on the website provided by the Labor Directorate for such purposes.

2. The provisions of the regulation shall become effective as of the date of its publication in the Official Gazette, except for those indicated in their respective paragraphs.

3. The provisions of the regulations shall become effective as of the date of their publication in the Official Gazette, except for those indicated in their respective paragraphs.

4. For employment contracts entered into prior to October 1, 2021, the employer may comply with the obligation to register the employment contract until April 30, 2022.

5. If during the period between October 1, 2021 and April 30, 2022, the employer modifies or terminates an employment contract entered into prior to October 1, 2021 and which has not yet been entered into the electronic labor registry, it must previously register it for purposes of incorporating the referred modification or termination.

Should you require additional information on this matter, you may contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Dominga” law is published, which modifies the Labor Code by altering the special permits in case of death of persons related to the worker.

On September 29, 2021, Law No. 21.371 or also called “Dominga Law” was published in the Official Gazette, which modifies the Labor Code by altering the special leaves in case of death of persons related to the worker. Specifically, these leaves are established as follows:

1. In case of death of a child, every worker will be entitled to 10 calendar days of paid leave.

2. In case of death of the spouse or civil partner, every employee shall be entitled to a similar leave, for 7 calendar days.

3. In the case of death of a child during pregnancy, the leave shall be applied for 7 working days.

4. In the event of the death of the employee’s father or mother, such leave shall be for 3 working days.

5. These leaves shall be additional to the annual holiday and shall be granted regardless of the employee’s length of service.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

On October 1, 2021, the obligation of the employer to register employment contracts in the electronic site of the Labor Bureau begins to apply, among others.

On October 1, 2021, Law No. 21,327 comes into force, which, among other things, establishes new obligations for employers. In general terms, this law provides that the following obligations must be complied with by employers as of that date:

1. Every employer must register the new employment contracts in the electronic site of the Labor Directorate, within 15 days following their execution.

2. Regarding the workers hired prior to the entry into force of this law, a term of 1 year from April 30, 2021 is established to make such registration.

3. Additionally, all companies must register the termination of contracts in the registry created for such purpose by the Labor Directorate.

4. The law stipulates that employment contracts must include the address and e-mail address of both parties.

5. It establishes the possibility for the worker to request that the payment of remunerations be made by electronic transfer to his bank account, at no cost to him.

6. The company must register in the electronic portal of the Labor Bureau, an e-mail address where notifications, summons and legal communications must be made. These shall produce full legal effect and shall be deemed to have been made on the third working day following the date of the e-mail.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Decree extending the validity of the benefits and allowances contemplated in the Employment Protection Law and granting additional transfers from the Solidarity Unemployment Fund is published.

On September 3, 2021, Decree No. 1492 was published, which extends the validity of the benefits of the Employment Protection Law and grants the right to additional payments from the Solidarity Unemployment Fund. In particular, the Decree contemplates the following:

1. Extends as from September 6 and until October 6, 2021, the validity of the benefits and benefits established in Title I of the Employment Protection Law.

2. As from September 6 and until October 6, 2021, up to a nineteenth transfer from the Solidarity Unemployment Fund is granted to beneficiaries who, in said period, are affiliated to the Unemployment Insurance under Law No. 19.728 and have exhausted their rights to transfers from the Solidarity Unemployment Fund under the Employment Protection Law.

3. In turn, as from the sixth withdraw, the average percentage of remuneration of these withdraws is established as 45% of the remuneration, setting the upper value of the benefits associated with the aforementioned draws at the amount of $436,547 (Chilean currency) and their lower value at the amount of $234,000 (Chilean currency).

4. Finally, as from September 6, 2021 and until October 6, 2021, the validity of the benefits and allowances established in Law No. 21.263, which makes the access requirements more flexible and increases the amount of the Unemployment Insurance benefits, is extended.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Department of Labour issues a statement on the possibility for the employer to grant monetary benefits to the employee during the suspension of the employment relationship.

On August 9, 2021, the Department of Labour, by means of ruling N°2003/035, issued a statement on the possibility for the employer to grant cash benefits to the employee – through special bonuses, loans, salary advances or other benefits – during the period in which the employment relationship is suspended by an act of authority or because a temporary suspension agreement has been entered into. Specifically, the ruling states the following:

(i) It is appropriate that during the period of temporary suspension of the employment contract by the sole authority of the law, and the validity of a temporary suspension agreement thereof, the employer grants the workers involved benefits in money or in kind, in order to contribute to supplement the amount not covered by the benefits that they are entitled to receive under the Unemployment Insurance, as long as those benefits are intended to alleviate the consequences derived from such situation and does not imply for the respective workers, the obligation to render services for such cause.

(ii) The inclusion of advances and loans charged to future salaries among the benefits that the employer may grant to its employees during the period of temporary suspension of the effects of their employment contracts is not in accordance with the law.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Department of Labour issues a statement on the possibility of signing collective bargaining agreements using electronic methods.

On August 5, 2021, the Department of Labour, by means of ruling No. 1946/029, issued a statement on the possibility of signing collective bargaining agreements using electronic methods. Specifically, the ruling states the following:

i) Collective instruments are among those that can be created and recorded exclusively by electronic methods.

ii) Since they are private documents, collective instruments only require a simple electronic signature for their validity.

iii) Since collective instruments can be created and signed by electronic methods, they can be sent to the Department of Labour for registration using also digital tools.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Department of Labour issues a statement on the exercise of the right to request specific information when collective bargaining is suspended due to the pending qualification of minimum services and emergency teams.

On July 29, 2021, the Department of Labour, by means of ruling No. 1905/027, issued a statement determining how the right to request specific information for collective bargaining should be exercised when the commencement of collective bargaining has been suspended as a consequence of the pending qualification of minimum services and emergency teams. Specifically, this statement indicates the following:

I. The suspension of the beginning of collective bargaining, as a result of the qualification of minimum services and emergency teams, does not prevent the exercise of the right to request information for the preparation of bargaining, and may be executed by the union organizations in the legal opportunity initially established for such purposes.

II. Once the 90 days that guarantee the validity of the information have elapsed and the commencement of collective bargaining is still suspended, the employer shall update the information provided.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Law that adapts the Labor Code regarding electronic labor documents is published.

On July 27, 2021, Law No. 21.361 was published in the Official Gazette, which adapts the Labor Code regarding electronic labor documents, incorporating amendments to Articles 162 and 177 of the Labor Code. Specifically, this law provides as follows:

1. The employer must inform in the notice of termination of the contract whether it will grant and pay the termination of employment in person or electronically, expressly stating that it is voluntary for the employee to accept, sign and receive the payment electronically and that he/she may always opt for the in-person performance before a minister of faith. In such notice, the employer shall inform the employee that, at the time of signing the settlement, if he/she deems it necessary, he/she may make a reservation of rights.

2. The settlement shall be considered as ratified before the Labor Inspector if it is granted by the employer in the electronic site of the Department of Labour, which complies with the corresponding legal regulations and is electronically signed by the employee in the same site. This settlement must at least state the cause of termination invoked, the payments to which it has given rise and, if applicable, the sums that have been left pending and the reservation of rights that the employee may have formulated. The resignation and mutual agreement signed electronically by the employee in the electronic site of the Department of Labour will have the same consideration.

3. The subscription of the settlement in electronic form shall always be optional for the employee. In the event that the employee rejects the electronic settlement granted by the employer, the latter shall be obliged to make the respective settlement available to the employee in person, within the term established in the first paragraph of article 177 of the Labor Code or, if such term has expired while the electronic subscription of the employee is pending, within a maximum term of 3 working days as from the employee’s rejection.

4. The liberatory power of the settlement shall be restricted only to that in which the parties expressly agree and shall not extend to those aspects in which the consent is not formed.

5. This law shall enter into force on the date of publication of the resolution to be issued by the Department of Labour establishing the applicable procedure for the proper functioning of the ratification of the settlement, the resignation and the mutual agreement in the electronic portal of the Department of Labour, which shall also indicate the procedure by which the employer shall be required to pay and comply with the obligations arising therefrom in due time and in full, as well as the applicable regulation in the event of reservation of rights by the employee in the electronic settlement. Such resolution must be issued within 90 days from the publication of this law.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Department of Labour makes a statement on the meaning and scope of the law that adjusts the Minimum Monthly Income and its effects on labor matters.

On July 14, 2021, the Department of Labour, by means of ruling No. 1826/024, issued a statement in which it explains the meaning and scope of those provisions of Law No. 21.360 that readjust the amounts of the Minimum Monthly Income and its effects on labor matters. Specifically, this statement indicates the following:

1. Retroactive effect of the law regarding the values of the Minimum Monthly Income:

Employers must adjust the base salary of workers, having to consider for this purpose that such adjustment is effective as of 01.05.2021, by virtue of the retroactive effect of Law No. 21.360 regarding the values of the Minimum Monthly Income, hereinafter “IMM”.

2. Adjustment in the MMI values and effects on the payment of social security contributions:

Employers shall adjust the value of the IMM to the new amounts established by the aforementioned law as from 01.05.2021, corresponding that, in the month of July 2021, they shall pay for such concept, the following values:

a. In the case of workers over 18 and up to 65 years of age, remunerated exclusively with the IMM, they shall be paid the salary of $337,000 plus the difference corresponding to the months of May and June of the current year, amounting to the sum of $10,500 for each of these months. Thus, the salary of such employees shall reach in July 2021, the total amount of $358,000 gross.

b. On the other hand, in the case of workers under 18 years of age and those over 65 years of age, remunerated exclusively with the IMM, they shall be paid the salary of $251,394 plus the difference corresponding to the months of May and June of the current year, which amount to the sum of $7,833 for each of these months. Thus, the salary of such employees shall reach in July 2021, the total amount of $267,060 gross.

In addition with the above, the declaration and/or payment of social security contributions for the same period must be regularized with respect to the aforementioned workers.

3. Effects on the calculation of bonuses:

 The obligation to re-state the differences that occur in the salaries of the workers as a consequence of the IMM readjustments, is applicable in the event that the employer has opted to pay the legal gratuity of the workers in accordance with the system established in Article 50 of the Labor Code.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Law No. 21.360 was published, which readjusts the amounts of the Minimum Monthly Income.

On July 12, 2021, Law No. 21.360 was published, which readjusts the amount of the Minimum Monthly Income, as well as the family and maternity allowance, the family subsidy and grants extraordinary aids for families in the context of Covid-19. In particular, this law establishes the following:

1. As of May 1, 2021, the Minimum Monthly Income for workers over 18 years of age and up to 65 years of age is raised to $337,000.

2. As of May 1, 2021, the Minimum Monthly Income for workers under 18 years of age and over 65 years of age is increased to $251,394.

3. As of May 1, 2021, the Minimum Monthly Income for non-remunerative purposes is increased to $217,226.

4. Amends Law No. 21,218, which creates a subsidy to reach a guaranteed Minimum Monthly Income, as follows:

– Employers shall apply monthly to the Ministry of Social Development and Family, through the platform provided by the Undersecretariat of Social Services, for the granting of the benefit to all their workers who may be entitled to access it, verifying the respective requirements through the information declared by such employer.

– If the employer has difficulties that prevent him from applying in due time and form, he will have the obligation to inform the unions constituted in the company and its workers in general, about the contents and requirements for application to the minimum guaranteed income, through brochures issued by the authority or information published in visible places in the company, among other means. Compliance with this obligation must be reported electronically to the respective Labor Inspectorate.

– Likewise, to the extent possible in view of the employment conditions, the employer must allow access to the company’s computerized means for the respective application.

– Failure to comply with the obligation to apply and inform the union and the workers indicated in this article shall be sanctioned with fines:

1. From 5 to 10 monthly tax units in the case of micro and small enterprises;
2. From 20 to 40 monthly tax units in the case of medium-sized companies; and
3. From 30 to 60 monthly tax units in the case of large companies.

5. As of January 1, 2022, the Minimum Monthly Income for workers over 18 years of age and up to 65 years of age, may be increased to $345,000 or $350,000 based on the result of the Monthly Economic Activity Indicator (IMACEC).

1. In the event that the growth of the Monthly Economic Activity Indicator (IMACEC) for November 2021 has experienced a variation of less than three percentage points with respect to May 2021, the amount of the minimum income indicated in the heading of this article shall correspond to $345,000.

2. In the event that the growth of the IMACEC corresponding to November 2021 has experienced a variation greater than three or more percentage points with respect to the month of May 2021, the amount of the minimum income indicated in the heading of this article shall correspond to $350,000.

6. As of January 1, 2022, the amount of the Minimum Monthly Income applicable for workers under 18 years of age and over 65 years of age and for non-remuneration purposes will be increased in the same proportion in which the amount of the Minimum Monthly Income for workers over 18 years of age and up to 65 years of age is increased.

Should you require additional information on this matter, you may contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

General rule No. 456 Regulates the figure of the anonymous informant

On July 5, 2021, General Rule No. 456 (hereinafter, the “NCG”) was published, through which the Financial Market Commission (hereinafter “CMF”) issued instructions to regulate the form of collaboration of anonymous informants (the “Anonymous Informant”) in the investigations carried out by the CMF, the admissibility of applications to obtain the status of Anonymous Informant, and the parameters to determine the percentage of the fine that will correspond to the informant.

Application for Anonymous Informant status

Regarding the request to obtain the status of Anonymous Informant, it is established that whoever provides the Investigation Unit of the CMF with background information for the detection, verification or accreditation of infractions that are within the competence of the CMF, or of participation in such infractions, may request their intention to be treated as Anonymous Informant to avail themselves of the provisions of Title VII of D.L. N°3.538.

The request must be submitted through the electronic form available on the CMF’s website by whomever wishes to obtain the status of Anonymous Informant. The application must include the identification and contact information of the person submitting the application and the information to be provided, including the points mentioned in the NCG.

From the date of the request, the identity of the person making the complaint will be secret, as well as any background information that may identify him/her, regardless of whether or not he/she is granted the status of Anonymous Informant.

Conditions to obtain the Anonymous Informant status

Regarding the conditions to obtain the status of Anonymous Informant, according to the NCG, the information provided by the Anonymous Informant to the CMF’s Investigation Unit must be substantial, accurate, truthful, verifiable and unknown.

Along with this, it is instructed that the information provided by the Anonymous Informant must refer to infractions that, due to their relevance, seriousness or entity, will be those that, in accordance with the provisions of Articles 23 and 24 of Decree Law No. 3.538, may lead to an investigation process and subsequent sanction by the CMF.

Once compliance with the established requirements has been verified, the Prosecutor of the Investigation Unit of the Commission, within a maximum period of 3 months from the filing of the application (extendable for the same period), will issue a resolution granting the status of Anonymous Informant to the applicant. The application shall not be admissible nor shall the person who has incurred in the sanctioned conducts, or has been a victim of such conducts, have the status of Anonymous Informant.

Percentage of fine that the Anonymous Informant will be entitled to receive.

The CMF Council will define in the sanctioning resolution the percentage of the fine that the Anonymous Informant will be entitled to receive for his/her collaboration. The amount may not be less than 10% of the fine applied, nor greater than the lesser of 30% of the fine applied and 25,000 Unidades de Fomento.  For the determination of such percentage, the CMF Board will take into account factors such as the relevance of the information provided, the timeliness of its presentation, the cooperation provided by the Anonymous Informant and the seriousness of the sanctioned conduct.

Validity

The provisions contained in the NCG will become effective as of July 19, 2021.

Should you require further information on this matter, please contact Alvaro Caviedes (acaviedes@jdf.cl) and / or Christian Schiessler (cschiesslerq@jdf.cl).

The Department of Labour sets the meaning and scope of the law that creates the Vaccination Work Permit.

On June 24, 2021, the Department of Labour, through ruling No. 1706/022, establishes the meaning and scope of Law No. 21.347, which creates a work permit for all workers to be vaccinated. Specifically, this ruling states the following:

1. The right granted to every worker by virtue of the new article 66 ter of the Labor Code can only be exercised in cases of public immunization programs or campaigns.

2.  In all those cases in which the immunization involves the inoculation of more than one dose of the respective vaccine, the worker shall be entitled to half a day of work leave for each one of them.

3.  The work leave referred to in the new article 66 ter of the Labor Code shall be considered as effectively worked for all legal purposes. Consequently, the employer must pay the respective salary. In addition, it does not admit any economic compensation, neither during the labor relationship nor at its termination.

4. On the other hand, the leave must be extended with enough time for the transfers to and from the place where the vaccine doses are administered. This extension must also be considered as time worked for all legal purposes, and, consequently, entitles to payment of salary.

5. In order to request the vaccination leave, the employee is required to give notice to the employer at least two days prior to the day on which he/she will make use of the right. This notice must be in writing.

6. The worker must justify to the employer the fact of having proceeded to the immunization through the certificate or document granted by the respective health authority.

7. The right to work leave applies in the same way both to workers who have agreed to a regular working day and to those who have agreed to a part-time working day.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Decree extending the state of constitutional exception was published.

On June 30, 2021, Decree No. 153 of the Ministry of the Interior was published, extending the state of constitutional exception in the territory of Chile. To this effect, this Decree contemplates the following:

1. The Decree extends the state of constitutional exception of catastrophe, due to public calamity, declared in the Chilean territory, until September 30, 2021.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Department of Labour makes a statement on the provisions contained in the Safe Return to Work and Covid-19 Insurance Act.

On June 23, 2021, the Department of Labour ruled by means of Ruling No. 1702/021, on the interpretation of the provisions contained in Law No. 21.342 on Safe Return to Work and Covid-19 Insurance. Specifically, this statement indicates the following:

1. First, the ruling makes a statement regarding the validity of the law and that part in which it provides for the obligation that telework be implemented within the framework of the health emergency. In this regard, the statement states:

a. The validity of the law N°21.342 of Safe Return to Work and Covid-19 Insurance, will be extended in time while the sanitary alert remains in force and its possible extensions.
b. According to the Department of Labour, the employer is in the obligation to implement the modality of telework, when the following copulative requirements are met:

i. That the nature of the functions provided by the worker allows it;
ii. That the worker consents to it; and
iii. That the worker is in any of the hypotheses indicated in article 1° paragraph 2° of the law N°21.342.

c. The ruling states that it should be borne in mind that the law only grants the worker the power to require the employer to change the modality to teleworking, having to notify the employer in writing and accompanying the necessary documents that reliably prove that they are in one or more of the circumstances described in article 1° paragraph 2° of the law No. 21,342.
d. According to the Department of Labour, once the employer has been notified of the above mentioned requirement, it will have a term of 10 calendar days from such notification to implement it. If the employer does not comply with such obligation within the term indicated, the employee may file a claim before the respective Labor Inspector and as from the eleventh day, the employee will not be under the obligation to attend the workplace in person, and the employer must pay the corresponding salary in the same manner.
e. Without prejudice of the above, the employer will have the term of 10 days from the notification of the worker, to inform in writing to the same one, of its decision around the feasibility that the functions that fulfill can be carried out under modality of telework. In the case that the employer manifests the impossibility of such circumstance, the worker will be able to claim to the respective Labor Inspection. While there is no statement on such claim by the Labor Inspectorate, the worker must continue providing services in person. In the event that the Labor Inspectorate decides that such provision of services does admit the telework modality, it must be implemented immediately by the employer.
f. In turn, the ruling states that if the worker performs functions that cannot be performed under telework modality, the employer will assign him/her to other tasks, provided that the following copulative requirements are met:

i. That the functions that the worker performs cannot be performed under the modality of telework;
ii. That the worker is in one of the hypotheses indicated in the article 1° paragraph 2° of the law N°21.342;
iii. That it is counted with the consent of the worker;
iv. That it is feasible to assign the employee to other functions that do not require attention to the public or in which permanent contact with third parties who do not perform functions in said workplace is avoided; and
v. That it is not detrimental to the employee.

g. In relation to the fourth requirement mentioned above, the Department of Labour interprets that what the legislator prevents is contact of a “permanent” nature, so there is nothing to prevent the employee from being assigned to functions where he/she may occasionally attend to the public or have contact with third parties.

2. Secondly, the Department of Labour makes a statement regarding the election of workers’ delegates for the Joint Committees.

In this regard, the reference made by Article 3 of Law No. 21.342 to delegates corresponds to the workers’ representatives for the Joint Health and Safety Committees. For the election of such delegates, the law establishes that it shall be carried out through a face-to-face vote or by suitable electronic means that allow the unequivocal expression of the worker’s will, considering for these purposes both those whose labor relationship is suspended under the Employment Protection Law and those who are not covered by such regulations.

3. Thirdly, the ruling makes a statement regarding the Covid-19 Occupational Health and Safety protocol. In this regard, the statement states that:

a. Companies that do not have a Covid-19 Occupational Health and Safety Protocol cannot resume or continue their work in person. On the other hand, organizations in which on-site work is being carried out on the date of publication of Law No. 21.342, will have a maximum period of 10 working days from the aforementioned date to draw up the protocol in question and take the measures provided for therein.
b. If the company restarts or continues working without the referred protocol, it will be subject to the sanction that orders the closure of the factories, workshops, mines or any work site that means an imminent risk for the health of the workers or the community.
c. The expression “third party” included in the final paragraph of Article 8 of Law No. 21.342 is not understood as a synonym of “any person”. In this case, its scope includes only those who are in direct relation with the line of business in which the employer is engaged and to the extent that they are linked to the provision of services by the worker. Thus, the employer’s liability is ruled out for events that are totally unrelated to it and that are not related to those areas under its control.
d. Finally, an aggravating factor of liability is established when it is determined that the worker’s infection was due to the employer’s fault and the employer has not complied with the obligation of paragraph 1 of Article 2 of Law No. 21.

4. Fourthly, the ruling makes a statement regarding the contracting of the mandatory health insurance associated with Covid-19. In this regard, the statement states:

a. The insurance referred to in Law No. 21.342 must be contracted for all workers rendering services in the private sector and to the extent that their contracts are regulated by the Labor Code. Consequently, this insurance is compulsory for workers subject to ordinary employment contracts as well as for special contracts.
b. The Department of Labor indicates that in the case of subcontracted workers, it will be the contractor or subcontractor, as the case may be, who must contract the insurance referred to.
c. Additionally, according to the Department of Labor, in the event that the worker has more than one employer, the obligation to contract the insurance will be simply joint for all of them.
d. The ruling states that the employer’s obligation to take out the mandatory individual health insurance associated with Covid-19 must be complied with within the following deadlines:

i. Workers hired before the incorporation of the policy in the CMF’s deposit, the term is 30 calendar days after the respective policy is incorporated in the deposit (maximum term July 4, 2021), and
ii. Workers hired or who return to render on-site services after the incorporation of the policy in the CMF’s deposit, the term is 10 calendar days following the start of the worker’s work.

e. The ruling states that the employer who does not comply with the obligation to take out the aforementioned insurance can be made liable for the sums that would have been covered by the insurer. The foregoing is without prejudice to the provisions of Articles 505 and following of the Labor Code.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Department of Labour makes a statement on the application of the telework law to teachers and education assistants.

On June 14, 2021, the Department of Labour ruled by means of ruling No. 1654/020, on the application of Law No. 21.220, which amends the Labor Code regarding telecommuting, to teachers and education assistants working in educational establishments, due to the fact that, in view of the state of emergency, the provision of educational services has been carried out remotely. Specifically, this statement indicates the following:

1. According to the Department of Labour, nothing prevents teachers from agreeing to provide services under the modality of telework or remote work, at the beginning of the employment relationship or during its term.

2. According to the Department of Labour, in the absence of an agreement between the parties, Law No. 21.220 is not applicable to teachers and education assistants who are providing services remotely. This is due to the fact that the implementation of the remote educational service during the health crisis obeys regulatory and, therefore, mandatory provisions issued by the relevant authority.

3. In turn, the Department of Labour points out that since the provision of services by workers is an obligation to be made, and that, on the other hand, it is up to the employer to manage his company or take charge of it, it is the employer who, in any form of provision of services, whether remote or on-site, must provide the necessary elements or materials so that his employees can perform the work agreed in their employment contracts. On this point, the Department of Labour points out that it is not possible to determine in a generic way what tools or materials should be provided by the employer to workers who provide services remotely.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Department of Labour issued a statement on the employer’s obligation to train the worker on health and safety measures to perform teleworking work.

On June 14, 2021, the Department of Labour issued a statement by means of ruling No. 1653/019, in which it states the employer’s obligation to train the worker on the main safety and health measures that must be taken into account when performing teleworking tasks, and the possibility that companies may hire technical training organizations (OTEC) for such training. Specifically, this statement indicates the following:

1. According to the Department of Labour, Article 152 quater N of the Labor Code requires the employer to train the employee, prior to the beginning of the work under the telecommuting or teleworking modality, about the main safety and health measures that must be taken into account during the performance of their work, which may be carried out through the insurance administrator of Law No. 16.744 to which the employee is affiliated or directly. In the latter case, it is authorized to hire external entities and the training must comply with the provisions of the regulations issued in accordance with paragraph 1 of Article 152 quater M of the Labor Code.

2. For its part, the Department of Labour points out that the determination of whether this type of training can be framed within the objectives of Law No. 19,518 and, consequently, whether it qualifies for access to tax benefits by companies, is a private matter of the National Training and Employment Service, and the Department of Labour does not have the competence to issue a statement in this regard.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Law that modifies the law on protected parenting is published, granting exceptional benefits to workers who have made use of parental preventive medical leave.

On June 14, 2021, Law No. 21,351 was published, which amends the law that establishes benefits for fathers, mothers and caregivers of children, granting exceptional benefits to dependent, independent and public sector workers who have made use of one or more parental preventive medical leaves under the conditions it indicates. It establishes the following:

1. During the state of constitutional exception of catastrophe and during the time it is extended, workers who have made use of one or more parental preventive medical leaves, may suspend the effects of their employment contracts.

2. In the above case, such workers shall be entitled to receive up to the first 3 months of such suspension, a monthly benefit equivalent to 100% of the subsidy for work incapacity derived from the parental preventive medical leave, in those cases in which the workers have received for such monthly leave, a monthly net amount equal to or less than $1,000,000, and 70% or $1,000,000, whichever is greater, in those cases in which the workers have received for such monthly leave, a monthly net amount greater than $1,000,000.

3. The benefit established above will be financed by the Severance Solidarity Fund. In the event that such amount is insufficient to finance the totality of the benefit, the workers will be entitled to a fiscal supplement to complete a monthly benefit equivalent to 100% or 70% of the monthly subsidy for work incapacity derived from the parental preventive medical leave, as the case may be.

4. In the event that the effects of the contract remain suspended after the months indicated in the seventh paragraph, the workers will be entitled to receive benefits that will be calculated according to the averages of their salary accrued in the last 3 months in which they registered contributions, with the percentages and values that are applicable to them according to Article 7 of Law No. 21.

5. Additionally, self-employed workers who are in the same circumstance indicated in the seventh paragraph, exceptionally, shall be entitled to receive a tax bonus for up to 3 months, the amount of which shall be equivalent to 100% of the subsidy for incapacity for work derived from the parental preventive medical leave, in those cases in which the workers have received for such monthly leave, a monthly net amount equal to or less than $1. 000,000, and of 70% or $1,000,000, whichever is greater, in those cases in which the workers have received a monthly liquid amount higher than $1,000,000 for such monthly leave.

6. For the purposes of the above, it shall be sufficient that the workers request the benefit during the state of constitutional exception of catastrophe and during the time it is extended, in order to be understood that they have exercised this right within the legal term and may access the mentioned benefits for up to 3 months, if so requested.

7. Workers who make use of the suspension regulated by the seventh paragraph shall be entitled to an extension of the leave of absence referred to in article 201 of the Labor Code. The extension period shall be equivalent to the period of suspension actually used and shall be effective immediately upon termination of the period of leave extended by the parental preventive medical leave that has been used.

8. During the validity of the state of exception and for as long as it is extended, the workers who at the date of publication of this law had the effects of their work contracts suspended, and as long as the suspension remains in force, shall be entitled to the next 3 monthly benefits that may correspond to them, as of the mentioned date of publication, to be equivalent to 100% of the subsidy for work incapacity derived from the parental preventive medical leave in those cases in which the workers have received for said monthly leave, a monthly liquid sum equal to or less than Ps.1,000,000, and 70% of 70% of the monthly liquid sum equal to or less than Ps.1,000,000, and 70% of the monthly liquid sum equal to or less than Ps.1,000,000. 000,000, and of 70% or $1,000,000, whichever is greater, in those cases in which the workers have received for such monthly leave, a monthly net amount higher than $1,000,000.

9. The bonus for self-employed workers established in Article 4 of the Protected Parenting Law, as amended by this law, must be requested during the validity of said law, on a monthly basis and for up to 3 months, as of the publication of this law, so that it is understood that they have exercised this right within the legal term and may have access to the mentioned benefit.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Law amending the Labor Code is published, creating a work permit so that all workers can be vaccinated.

On June 3, 2021, Law No. 21,347 is published in the Official Gazette, which amends the Labor Code, creating a work permit so that all workers may be vaccinated, in the cases indicated. In particular, this law establishes the following:

The law establishes that in cases of public immunization programs or campaigns through vaccines or other means, for the control and prevention of transmittable diseases, every worker who is within the target population of such campaigns shall be entitled to half a day of work leave for vaccination.

According to the law, the rules of the second and following paragraphs of article 66 bis of the Labor Code will be applicable to this right, but the worker must give notice to the employer at least 2 days in advance.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Decree extending the validity of the benefits and allowances provided for in the Employment Protection Law is published.

On June 2, 2021, Decree No. 930 was published, which extends the validity of the benefits of the Employment Protection Law and those contemplated in the law that temporarily relaxes the access requirements and increases the amount of unemployment insurance benefits due to the pandemic. Finally, the Decree grants additional transfers from the solidarity severance fund. In particular, this Decree contemplates the following:

1. The Decree extends until September 6, 2021, the validity of the benefits and allowances established in Title I of the Employment Protection Law.

2. As provided in the Decree, up to an eighteenth transfer from the Solidarity Unemployment Fund is granted until September 6, 2021. Such transfers will be granted to beneficiaries who are entitled to the benefits associated with the existence and are in the event described in the first paragraph of Article 1 of the Employment Protection Law.

3. By virtue of this Decree, it is established that, as from the sixth drawing, the average percentage of salary of these drawings will be 45% of the salary.

4. The Decree extends until September 6, 2021, the validity of the benefits and allowances established in the law that temporarily relaxes the requirements for access to unemployment insurance due to the pandemic, with respect to the latter.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Ministry of Labor and Social Welfare approves regulations that determine the activities considered hazardous work and includes guidelines to protect the rights of adolescents of working and non-working age.

On May 22, 2021, the Regulation approved by the Ministry of Labor and Social Welfare is published in the Official Gazette, which determines the activities considered as hazardous work and includes guidelines aimed at avoiding this type of work, addressed to employers and educational establishments, in order to protect the rights of adolescents of working age. In particular, the Regulation provides for the following:

These Regulations shall apply with respect to adolescents of working age and adolescents not of working age who, in contravention of labor regulations, perform hazardous work. It shall also apply to children and adolescents not of working age who, with the authorization of the corresponding court and in compliance with labor regulations, enter into contracts to participate in theater, cinema, radio shows, etc., and the employer must adopt measures to protect their life, physical and mental health.

According to the Regulation, children and adolescents, with or without working age, are prohibited from performing hazardous work, the latter being understood as work that by its nature or the conditions in which it is carried out, is likely to damage or affect their health, development or safety.

Regarding the procedure for hiring children or adolescents with or without working age, the Regulation indicates that certain specific information must be included in the employment contract, in addition to the provisions of Article 10 of the Labor Code.

In addition, the Regulation states that the employment contract of the child or adolescent with or without working age, as well as its amendments and annexes, must be registered in the website of the Department of Labour. The above must be complied with within 5 days from the signing of the contract, attaching the required documentation.

The Regulation provides that any person may report to the competent authorities any violations related to child and adolescent labor, which will be sanctioned in accordance with Articles 18 bis, 18 ter, 18 quater and 18 quinquies of the Labor Code.

The Department of Labour and other supervisory entities will be responsible for the enforcement of the provisions of these regulations.

The regulation establishes that employers who hire adolescents of working age or, exceptionally, children and adolescents not of working age, must safeguard their rights and promote their protection.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Law establishing an occupational health safety protocol for the gradual and safe return to work within the framework of the health alert declared on the occasion of Covid-19 is published.

On June 1, 2021, Law No. 21,342 was published, which establishes an occupational health safety protocol for the gradual and safe return to work within the framework of the health alert decreed on the occasion of the Covid-19 disease in the country and other matters indicated. For this purpose, this law is divided into two titles, as follows:

Of the protocols of Occupational Health Safety by the Covid-19.

1. The law provides that while the health alert persists, the employer must implement the modality of telecommuting or teleworking. The above, without reduction of salaries to the extent that the nature of their functions allow it and the worker consents to it

2. Additionally, this law imposes to the employer the obligation to implement the modality of telecommuting or teleworking, in the event that a worker proves to suffer any condition that generates a high risk of infection, or the fact of having under his care any of the persons indicated in the law, within 10 days of notification of the worker’s condition.

3. The law provides that the worker may not be obliged to go to work while the previous obligation is not fulfilled by the employer.

4. On the other hand, the law states that in the event that the functions of the worker are not compatible with the modality of telecommuting or teleworking, the employer will assign them to work that does not require attention to the public or in which the worker avoids permanent contact with third parties.

5. The law provides that within 10 working days from the publication of this regulation, the agencies administering the occupational accident insurance must prepare a standard protocol for their affiliated companies, based on the instructions of the Superintendence of Social Security. At the same time, it is stated that the protocol must contain at least the measures indicated therein.

6. In addition, it is provided that the companies that at the time this law enters into force, are carrying out on-site work activities, must draw up the referred protocol and take the measures foreseen within 10 working days from the publication of this regulation.

7. At the same time, the law provides that companies that do not have a protocol may not resume or continue face-to-face work activities.

8. On the other hand, the law establishes that the companies will not be able to charge workers for the value of the inputs and equipment of the measures adopted.

Compulsory Individual Health Insurance associated with Covid-19

9. The law establishes a mandatory individual insurance in favor of workers who are performing their work in person, which shall provide for compensation in case of natural death due to Covid-19 infection.

10. Thus, according to the law, it will be the obligation of the employer to contract this insurance and provide proof of its contracting to the worker. This insurance may be contracted in any of the authorized insurance companies.

11. The law states that the insurance policy must be contracted by the employer within 30 calendar days from the date the policy is deposited with the Financial Market Commission. However, for workers hired or who return to render on-site services after the deposit, the insurance must be made within 10 calendar days following the start of the worker’s work.

12. According to the law, employers who have not contracted the insurance shall be liable for the payment of the amounts that would have been covered by the insurer, without prejudice to the corresponding penalties under the Labor Code.

13. The law states that the annual value of the policy may not exceed 0.42 UF for each worker.

14. In addition, the law establishes that the insurance will be valid for one year from the date it is contracted and the insurance coverage will be maintained in the event that the labor relationship is terminated, up to the term of the insurance contract.

15. According to the law, if at the end of the term of the policy the health alert is still in force, the employer must contract a new insurance policy or renew the current one.

16. The norms of the present law will be applied during the time the sanitary alert decreed on the occasion of the outbreak of the new Covid-19 is in force.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Department of Labour makes a statement on the scope in labor matters of the elections to be held on May 15 and 16, 2021, considering that it will be an exceptional election process.

On May 12, 2021, the Department of Labour issued a statement by means of ruling No. 1449/015, in which it explains the labor implications of the elections of Constituent Convention Members, Regional Governors, Mayors and Councilmen, to be held on May 15 and 16, 2021. Specifically, this statement indicates the following:

1. According to the Department of Labour, May 15 and 16 will be legal holidays throughout the country, thus constituting days of rest.

2. In turn, the Department of Labour states that the rest period corresponding to the elections to be held on May 15 and 16 must begin no later than 21:00 hrs. on Friday, May 14 and end at 06:00 hrs. on Monday, May 17, unless the respective workers are subject to rotating work shifts.

3. On the other hand, the ruling states that with respect to the workers listed in numbers 1 to 6 and 8 of article 38 paragraph 1 of the Labor Code, since they are exempted from the Sunday rest, they must work on May 15 and 16.

4. According to the Department of Labour, no commercial workers may work on May 15 and 16, except for those who work in the dispensing of fuel, those who work in emergency pharmacies and those who work in pharmacies on duty as established by the health authority.

5. According to the ruling, the modalities of home delivery or store pick-up service provided by retail workers may be made on May 15 and 16 only in the event that they are related to those workers who work in fuel retailing, those who work in emergency pharmacies and those who work in pharmacies on duty as set by the health authority.

6. According to the Department of Labour, workers who, due to the nature of their services, must work on the day of the elections, have the right to be absent from work for 2 hours, without their absence during said period meaning a reduction in their salaries. In this sense, the ruling states that the 2-hour period is the minimum time established by law to go to vote and, therefore, there is no inconvenience for the parties to agree on a longer period of time.

7. In addition, the Department of Labour states that the workers appointed as polling station officials; delegates of the electoral board; or members of the scrutinizing colleges, may be absent from work for the time necessary for the proper performance of such electoral functions, without the employer being entitled to make any discount in the salaries of the workers who must be absent for such reason.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

A special law is published declaring May 15 and 16, 2021 as non-waivable holidays for the elections.

On May 12, 2021, Law No. 21,341 was published in the Official Gazette, which declares May 15 and 16, 2021, as a mandatory and non-waivable holiday for commercial employees, on the occasion of the elections of constituents, mayors, governors and councilmen. Specifically, this law provides as follows

1. May 15 and 16, 2021, are declared mandatory and non-waivable holidays for all trade employees, with the exception of fuel dispensing employees, emergency pharmacies and pharmacies that must comply with shifts set by the health authority.

2. On the other hand, it states that those who violate the provisions of this article shall be sanctioned with fines for tax benefit for each worker affected by the infraction.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

A new law is published that modernizes the operation of the Department of Labour and modifies the Labor Code in several matters, establishing, among others, the obligation to register employment contracts.

On April 30, 2021, Law No. 21,327 was published, which modernizes the functioning of the Department of Labour, increasing its competences and powers. Along with the above, this new regulation incorporates technology to the processes of the Directorate through the digitalization of procedures and formalities. Finally, the Labor Code is modified, establishing new obligations for employers. In general terms, this law addresses the following matters:

1. The law establishes that all employers must register the new employment contracts in the electronic site of the Department of Labour, within 15 days of their execution. This obligation will become effective as of October 1, 2021.

2. The law also provides that the employer must register the employment contracts entered into prior to the effective date of this law, within a period of 1 year from its publication. This is provided that the contract is in force at the date of registration.

3. Additionally, as prescribed by law, every company must register the termination of the contract in the registry created for this purpose by the Department of Labour.

4. The law stipulates that employment contracts entered into after its entry into force must include the address and e-mail address of both parties.

5. The law provides and clarifies that the deadlines related to administrative fines, especially those related to the reconsideration thereof, are administrative working days.

6. Regarding communications, notifications, summons and fines issued by the Department of Labour, the law establishes that these must be sent by e-mail. Therefore, the company must register an e-mail address where the aforementioned procedures must be carried out. However, the possibility of notifying the company in person or by registered letter remains in force.

7. The law establishes that notifications shall be deemed to have been made on the third business day following the date of issuance of the aforesaid mail.

8. With respect to the new powers of investigation and supervision of the Department of Labour, the law provides that the Department of Labour may enter into agreements with public and private entities that manage data on employers, workers and trade union organizations, for the maintenance of data relating to labor and social security obligations.

9. A new range of fines for labor non-compliance is created, differentiating between micro-companies, which may be sanctioned with fines of 1 to 5 UTM, and small companies, which may be sanctioned with fines of 1 to 10 UTM.

10. The law establishes that the resolution issuing a fine must include the categorization of the fine, classifying them as minor, serious and very serious. For this purpose, the nature of the infraction, the impact on labor rights, the number of workers affected and the conduct of the employer will be considered.

11. The law has provided for the possibility that after 2 years from the declaration of the sentence classifying the companies as sole employer, the termination of such classification may be requested before the corresponding Labor Court.

12.  This new law becomes effective, except for the exceptions contained therein, on October 1, 2021.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Department of Labour makes a statement on the readjustment of variable salary targets for working mothers’ right to feed their children.

On April 16, 2021, the Department of Labour issued a debatable statement by means of Ordinary No. 1259, in which it states its opinion regarding what happens to female workers with children under 2 years of age while exercising the right to feed and who receive variable salaries. Specifically, this statement indicates the following:

1. According to the Department of Labour, the time used by a working mother in exercising the right to feeding contemplated in article 206 of the Labor Code, should be considered by the employer when establishing the rules that will regulate the payment of a variable salary subject to the fulfillment of goals.

2. In this regard, the Regular points out that the fact of not considering this period in the calculation of the readjustment of goals for female employees would represent a disadvantage in relation to their co-workers who have the entire working day available.

3. In the opinion of the Department of Labour, such a circumstance would not be in accordance with the law and could constitute a discriminatory act in the labor field, in view of a possible affectation of the principle of equal salaries.

4. In this sense, the Ordinary also provides that, if the employer recalculates the fulfillment of the monthly goals, it must pay the eventual differences that may have occurred in favor of such workers, provided that such obligations are not statute-barred.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

A new Immigration Law is enacted, which replaces the current Immigration Law

On April 11, 2021, the New Immigration Law was enacted, which replaces the current Immigration Law. Among other things, this law contemplates the following:

1. The law creates the National Migration Service to streamline immigration processes, which will have a term of 1 year for its implementation as of the date of publication of this law.

2. The law incorporates 13 new categories of visas to obtain temporary residence in Chile.

3. The law establishes that future migrants who wish to come to Chile must apply for their residence visa at the Chilean consulate of their country of origin. This would allow foreigners to enter Chile with their identity card and valid routine.

4. Regarding foreign citizens who have a regular migratory situation, the law provides that they will have 180 days to process their visas inside our country. If they do not comply with this, they will be returned to their countries of origin.

5. On the other hand, those foreigners who have an irregular migratory situation, according to the law, will have 60 days to leave Chile and process their residence visas in the consulates of their respective countries in case they wish to return to Chile.

6. The New Immigration Law establishes that when a foreign citizen’s temporary residence visa expires, he/she will have a term of 9 months to request an extension to extend his/her stay in the country. In order to do so, he/she must pay any outstanding fines.

7. This law details new crimes that are considered as grounds to prohibit the entry of foreigners to Chile, or to deport those who are already in the country, such as femicide, kidnapping of minors, illicit drug trafficking, among others.

8. This law will enter into force once its regulations are published.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Complement to the changes announced by the Government to the Step by Step Plan, and the publication of a list of essential household goods.

On 7 April 2021, the Government published, as a complement to the changes announced to the Step-by-Step Plan, a list of essential household goods, which may be sold in quarantine, thus complementing the definition of “essential household goods” established in paragraph 12 of Title I of the Instructions for Movement Permits.

A list of goods is established for each of the categories included in the respective definition, indicating that these goods would be by way of example and without being exhaustive. Specifically, it states that they are:

1. Goods relating to the survival of the person:

food and drink

sanitary products;

products necessary for personal hygiene;

cleaning items;

items necessary for maternity and early childhood;

articles for pets; and

articles for the maintenance of gardens, plants and green areas.

2. Goods relating to telework or distance learning:

electronic goods; and

office supplies.

3. Goods relating to the operation, maintenance and security of the building:

kitchen items

bedroom articles

bathroom articles

laundry items;

household appliances and white goods;

hardware;

furniture; and

lighting.

4. Other essential goods: batteries and vehicle batteries, matches and lighters, tobacco, fuels, tyres, battery jumper cables, oils and lubricants, vehicle maintenance materials, among others.

This list is effective as of 7 April 2021, as of 05:00 hours.

Should you require further information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

Changes announced by the government to the Step-by-Step Plan, including those relating to the Single Collective Travel Permit.

On 1 April 2021, the Government announced a series of modifications to the Step by Step Plan, including those related to the Single Collective Permit included in the Instructions for Travel Permits, accompanied by Official Communication No. 6421, dated 22 March 2021, signed by the Ministers of the Interior and Public Security and of National Defence. Specifically, these amendments provide for the following:

1. Some essential tours and activities are temporarily eliminated, this measure being in force for 15 days, after which their continuity will be evaluated. The tours are: (i) retail sale of clothing and clothing accessories; (ii) footwear in specialised trade; and the (iii) wholesale of perfumes, toiletries and cosmetics.

2. The concept of essential household goods is modified and restricted, thereby limiting the essential goods and services that may be accessed by means of delivery.

3. The notion of essential civil servant is redefined, being understood as one who performs operational, logistical and productive tasks, maintenance of security systems or cleaning and sanitisation. This definition includes those workers who provide minimum services that must be ensured in the event of a strike. On the other hand, administrative, accounting, financial, advisory and consultancy work is excluded from this definition.

4. The Single Collective Permit includes the obligation to report: i) the total number of workers in the company; ii) the number of workers or service providers considered essential; and iii) the work of the worker considered essential.

5. Finally, the penalties applicable to non-compliance with the measures indicated correspond mainly to i) administrative fines (sanitary inquiries by the SEREMI of Health, which could even lead to the closure of the establishment and inspections by the Department of Labour); and ii) the configuration of the offences established in articles 210, 318, 318 bis and 318 ter, all of the Penal Code.

6.  These amendments are understood to be in force as of 5 April 2021, as of 05:00 hours.

Should you require further information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Department of Labour publishes ruling that establishes doctrine on Health Emergency COVID-19.

On 1 April 2021, the ruling of the Department of Labour N°1190/012 was published, which establishes the doctrine on the COVID-19 sanitary emergency, ruling out the employment relationship that could eventually be alleged with respect to companies that need to request collective posting permits for workers of temporary service companies, subcontractors or contractors. Specifically, this ruling states the following:

1. According to the ruling, the request for collective posting permits by the main or user undertaking in respect of workers of temporary service providers, subcontractors or contractors cannot be considered as an indication of an employment relationship, even if such a particularity persists over time.

2. According to the ruling, this is due to the fact that the employment relationship maintained by these workers is with the contractor or subcontractor, or with the temporary service company, and not with the main or user company.

3. Finally, the ruling states that this circumstance would not change, even if it is the main or user company that requests the single collective posting permit for such workers in accordance with the provisions of the Instructions for Posting Permits, since we are dealing with a requirement that does not emanate from the will of the person requesting the permit, but is proposed by the authority, being an extraordinary measure that aims to prevent and protect the spread of Covid-19.

Should you require further information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

The Labour Directorate complements its COVID-19 health emergency doctrine by allowing employers to require their workers to take a PCR test.

On 1 April 2021, the Labour Directorate published ruling No. 1189/011, which complements the doctrine established in the COVID-19 health emergency by ruling No. 1124/010 of 30 March 2021. Specifically, this ruling states the following:

According to the ruling, it is the employer who has the primary responsibility to effectively protect the life and health of workers.

In this regard, the ruling states that it is possible for the employer to require its workers to undergo a PCR test as a suitable mechanism to prevent and control the spread of Covid-19, especially in the place where the workers carry out their work.

Finally, the ruling states that the measure will be considered legally admissible, provided that the economic cost is covered by the employer, that the application of the test does not constitute discriminatory conduct, and that it does not violate the fundamental rights of the workers.

Should you require further information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

Labour Directorate publishes opinion that establishes doctrine on COVID-19 Sanitary Emergency.

On 30 March 2021, the Labour Directorate published its ruling No. 1124/010, which sets out the doctrine on the COVID-19 health emergency. Specifically, this ruling states the following:

1. According to the ruling, if the worker has not been granted medical leave by virtue of the instructions issued by the health authority, he/she has no justification for not attending to provide the services for which he/she has been hired, except by virtue of an act of authority.

2. Notwithstanding the above, the ruling states that an employer may not refuse to allow its employees to perform services because they do not have a negative PCR test for COVID-19, unless there is a suspicion of contact that requires the employee to go to a health care facility.

3. In addition, the ruling states that employers seeking to establish pandemic control mechanisms should incorporate them into the company’s internal regulations on order, hygiene and safety.

Should you require further information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

On 19 March 2021, the Labour Directorate published its ruling No. 1000/009, which establishes the doctrine on the statute of limitations for labour fines. Specifically, this ruling states the following:

On 19 March 2021, the Labour Directorate published its ruling No. 1000/009, which establishes the doctrine on the statute of limitations for labour fines. Specifically, this ruling states the following:

1. As indicated in ruling 024731N19 dated 12 September 2019, of the Office of the Comptroller General of the Republic, the statute of limitations period for liability for administrative offences is 5 years, counted from the time the offence is committed.

2. Notwithstanding the foregoing, prior to the issuance of this opinion, the statute of limitations for administrative fines was administratively considered to be 6 months.

3. Therefore, the Directorate of Labour comes to set doctrine in this regard, establishing that applications for the declaration of prescription of fines that were filed at a time prior to 12 September 2019, must be resolved considering the limitation period of 6 months.

4. Thus, all applications that are filed after 12 September 2019, should consider the ordinary limitation period of 5 years.

Should you require further information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

The Labor Directorate publishes an opinion that establishes the doctrine regarding the Electronic Payroll Book.

On March 10, 2021, the Labor Directorate published its ruling No. 877/006, which establishes the doctrine related to the Electronic Remuneration Book. Specifically, this ruling states the following:

1. The Labor Directorate authorizes the compliance with the obligation to keep an Auxiliary Payroll Book to be complied with by means of electronic processes, through an Electronic Payroll Book.

2. In this sense, the Electronic Payroll Book shall fully and irrevocably replace the Auxiliary Payroll Book.

3. For this purpose, the Labor Directorate has set up an electronic platform in its web portal, in order for employers to report standardized and monthly payroll payments.

4. Additionally, a general regime is established that includes the form and opportunity for employers to report salaries and other non-remunerative allowances.

5. Finally, the Labor Directorate establishes that, during the first year of implementation of the Electronic Payroll Book, exceptional rules will be applied to comply with the electronic registry system.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

A decree was published extending the validity of the employment protection law until June and increasing the unemployment insurance benefits, incorporating 3 new benefits.

On March 6, 2021, Decree No. 279 of the Ministry of Finance was published, which extends the validity of the employment protection law until June 2021, and increases the unemployment insurance benefits by incorporating 3 new payments from the Solidarity Unemployment Fund. Specifically, this decree contemplates the following:

1. Extends the validity of benefits and benefits established in the employment protection law, as from March 6, 2021 and until June 6, 2021.

2. It extends the granting of up to a fifteenth transfer from the Solidarity Unemployment Fund, from March 6, 2021 and until June 6, 2021, incorporating 3 new transfers.

3. In the same sense, it indicates that as from the sixth transfer, the average percentage of remuneration of these transfers is established as 45% of the remuneration.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Labor Directorate publishes a ruling that complements doctrine related to telework and telecommuting.

On January 22, 2021, the Labor Directorate published its ruling No. 258/003, which complements the doctrine related to telecommuting and teleworking. Specifically, this opinion states the following:

1. The obligation to provide the equipment, tools and materials for telecommuting or teleworking, will be enforceable from the moment of agreeing such modality.

2. In turn, such obligation does not prevent the parties from agreeing that the worker may use elements of his property and that the employer may pay a reasonable and sufficient amount for its use for work purposes under an allowance.

3. Meanwhile, the allowance of collation that is agreed within the framework of teleworking maintains its compensatory nature and its granting must be made under the agreed terms. In addition, to grant, terminate or modify such allowance, will always require the written manifestation of both parties.

4. In the case of teleworkers excluded from the limitation of working hours, the parties are not obliged to agree on the mechanisms of supervision or control that will be used to supervise or control their functions.

5. Regarding the right to disconnection, the ruling states that this must be exercised considering that, in the case of workers who freely distribute their working hours, it is necessary for the worker to communicate the moment in which he/she will decide to initiate the right to disconnection in order to compute the 12 hours in which he/she is exempted from his/her obligation to respond to the employer’s requirements.

6. On the other hand, it is not appropriate for an employee excluded from the limitation of working hours to report the beginning or end of the period in which he/she makes effective use of the right to disconnection.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Labor Department publishes ruling on the effects on the position of union leader at the time of registration of candidates for the Constitutional Convention.

On January 11, 2021, the Labor Department published its statement No. 050/002, which pronounces on the effects that occur in the position of union leader, at the time of registering a candidacy for the Constitutional Convention. Specifically, this opinion states the following:

1. When a union leader registers a candidacy for the Constitutional Convention, his functions are suspended, but this does not imply the loss of union privileges.

2. The above mentioned suspension, in case of being elected, will last for the entire period of the Convention, and, in case of not being elected, the suspension will be maintained until the proclamation of the members of the Convention.

3. In the event that his union mandate ends after the end of his participation in the constitutional process, that leader shall return to his functions for the time remaining, maintaining his immunity for the aforementioned period and for up to 6 months of cessation in his position.

4. If the term of the union mandate ends during the period of candidacy to the Convention or during the exercise of the functions as a constituent, the union director will have a jurisdiction for 6 months from the moment he ceases to be a union leader.

5. It will be the union organization by means of the established in its statutes that will be able to determine the way to replace that leader registered to integrate the Constituent Convention.

6. If the suspension of the functions of the union director produces an impediment in the functioning of the board, a new complementary election must be held to give continuity to the functions of the board while the suspension of functions lasts.

In case you require additional information on this matter, you may contact Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

The Labor Department publishes an official notice on the meaning and scope of the “act or declaration of the competent authority”, for the purpose of accessing additional Unemployment Insurance rotations

On January 6, 2021, the Labor Department published its ruling No. 032/001, which establishes the doctrine regarding the meaning and scope of “act or declaration of competent authority”, for the purpose of accessing additional transfers from the Unemployment Insurance Solidarity Unemployment Fund. Specifically, this opinion states the following:

1. That for purposes of determining whether a particular activity is affected by an “act or declaration of competent authority”, compliance with the requirements regulated in the Employment Protection Act must be met.

2. That the measures provided for in the “Step by Step” Plan, complying with the aforementioned requirements, could constitute an act or declaration of authority that allows the affected workers to access additional transfers from the Unemployment Insurance Solidarity Unemployment Fund.

3. That, the measures contained in Supreme Decree No. 102, as amended by Supreme Decree No. 455, both of the Ministry of the Interior and Public Security, relating to the temporary closure of places authorized for the entry and exit of foreigners, to the extent that they meet the aforementioned requirements, could constitute an act or declaration of authority authorizing the workers affected by the above-mentioned benefits.

In case you require additional information on this matter, you may contact Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

Labor Department publishes ruling that reconsiders the doctrine regarding the opportunity to comply with the obligation to hire people with disabilities

On December 30, 2020, the Labor Department published its ruling No. 3376/035, which reconsiders the doctrine regarding the opportunity to comply with the obligation to hire people with disabilities or who are assigned a disability pension. Specifically, this opinion states the following:

1. The fulfillment of this obligation must be accredited by means of electronic communication for the months of the current year, starting in January 2022.

2. The same communication must indicate the alternative measures that comply with the hiring obligation and the justified reasons for it.

3. During the year 2021, compliance with the hiring obligation for the months of the previous calendar year must be accredited. On the other hand, from 2022 onwards, said compliance must be proven for the months of the current year.

4. The workers covered by the Employment Protection Law must be counted for the purposes of determining the total number of workers in the company.

If you require additional information on this matter, you may contact Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

Law is published that extends the scope of application of the labor protection procedure to public officials

On November 9, 2020, Law No. 21.280 was published, a regulation that extends the scope of the labor protection procedure to public officials. Specifically, this law provides for the following:

1. This amendment establishes that the rules applicable to the labor protection procedure are applicable to all workers, including officials of the State Administration, the National Congress and the Judiciary. Also, to the workers of the companies or institutions of the State or of those in which the State has contributions, participation or representation whenever such officials or workers are subject by law to a special statute.

2. It is also stated that the procedure of guardianship will apply to workers who work in the Public Ministry, the Constitutional Tribunal, the Electoral Service and Electoral Justice, the General Comptroller of the Republic, the Central Bank and those who are declared autonomous by their own laws.

3. The law amends the Labor Code by extending the powers of the Labor Department for purposes of inspection and interpretation in the scope of the labor protection procedure.

4. It is established that, in these cases, the payment of the substitutive indemnity of previous notice and the indemnity for years of service will not proceed, with respect to the workers indicated in point 1 and 2 of this presentation, the judge granting instead, an indemnity that will not be less than 6 months nor greater than 11 months of the last monthly remuneration.

5. Finally, in these cases, the law determines that when the judge declares the dismissal to be discriminatory and it is also qualified as serious, the worker may choose between compensation or reinstatement.

In case you require additional information on this matter, you may contact Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

A new law has been published that adjusts the amount of the Minimum Monthly Income, the family and maternal allowance, and the family subsidy.

On November 7, 2020, Law No. 21.283 was published, which readjusts the Minimum Monthly Income, the family and maternal allowance and the family subsidy. In the core and related to the Minimum Monthly Income, this law provides for the following:

1. As of September 1, 2020, the Minimum Monthly Income is increased to $326,500, for workers between 18 and 65 years old.

2. As of September 1, 2020, the Minimum Monthly Income will be increased to $243,562, for workers under 18 and over 65 years of age.

3. As of September 1, 2020, the Minimum Monthly Income is increased to $210,458, for non-wage purposes.

4. In April 2021, the President of the Republic must present a new bill proposing an adjustment to this Minimum Monthly Income, with the intent of commencing on May 1, 2021.

5. It also establishes that the greatest expense represented by the application of this law in the year 2020 will be financed with public funds and in the year 2021, the resources will be indicated in the Budget Law.

In case you require additional information on this matter, you may contact Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

Law is published that modifies the Labor Code to require certain companies to adopt measures that facilitate the inclusion of workers with disabilities.

On October 21, 2020, Law No. 21.275 was published, amending the Labor Code to require the relevant companies to adopt measures to facilitate the labor inclusion of workers with disabilities. In the core, this law provides for the following:

At least 1 of the workers in human resource-related functions and within companies with 100 or more workers it is required to have specific knowledge in areas that promote the employment inclusion of people with disabilities.

The aforementioned knowledge will be considered sufficient when they have a certification granted by the National System of Certification of Labor Competencies.

These companies must promote policies on matters of inclusion, which will be reported annually to the Labor Department, and must also prepare and execute annual training programs for their personnel.

This law will come into force on November 1, 2022.

In case you require additional information on this matter, you may contact Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

Labor Department issues ruling on the right of workers to vote in the referendum of October 25, 2020

On 19 October 2020, Resolution No. 2760/025 was issued by the Directorate of Labor, concerning the referendum of 25th October, in which it pronounces on the permits that must be granted to workers to participate in the referendum voting In general terms, this opinion includes the following:

Sunday, October 25, 2020 is a mandatory holiday for workers who provide services in shopping centers or commercial complexes managed by the same company name or legal personality; consequently, such employees are free to provide services during that day.

On the other hand, workers who are not included in the previous situation and who are legally exempted from Sunday rest and holidays, and therefore have to provide services on Sunday October 25, are entitled to be absent from their work for a period of 2 hours to attend to cast their vote, without this implying a reduction in their wages. Likewise, they have the right to be granted the necessary permits to carry out the functions of member of the polling station, member of the Vote Counting Association or delegate of the Board of Elections.

In case you require additional information on this matter, you may contact Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl).

Law is published that adapts the Labor Code in terms of protection of children and adolescents in the workforce.

On September 30, 2020, Law No. 21.271 was published in the Official Gazette, which amended the Labor Code, adapting it to protect children and adolescents in  the workplace. In particular, this legal amendment contemplates the following:

1. The Labor Code is modified, in that part which contemplated the distinction between adults and minors under eighteen, but over fifteen. By virtue of this law, categories of adolescents are established, with and without age to work respectively.

2. It also establishes an additional category, which is that of children, who in theory are not allowed to be hired, unless certain formalities established in the law are complied with. This legal amendment defines what is meant by “protected adolescent work” and “dangerous work.

3. It establishes that, in qualified cases, children and adolescents who are not old enough to work may enter into contracts to participate in certain shows, with the employer having to adopt effective protection measures and agree on their working hours, always in the best interest of the child or adolescent. It is also added that the employer must pay for transportation and food in adequate conditions.

4. The period during which the adolescent may not work at night is extended to 13 hours, with this limitation governing between 9:00 p.m. and 8:00 a.m.

5. A series of special sanctions are incorporated for employers who fail to comply with any of these limitations.

6. This law will come into force on the first day of the month following the publication of the regulations issued by the Ministry of Labor and Social Welfare, which determine the activities considered as hazardous work and establish guidelines to avoid this type of work.

In case you require additional information on this matter, you may contact Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

Ministry of Finance published Decree Nº1.578 which extends the term of benefits of the Employment Protection Law and grants the right to additional transfers from the Solidarity Unemployment Fund.

On October 5, 2020, Decree No. 1578 was published in the Official Gazette, extending the term of the benefits of the Employment Protection Law and granting the right to additional transfers from the Solidarity Unemployment Fund. In specific terms, the Decree contemplates the following:

1. It extends, from October 6, 2020 and until January 6, 2021, the validity of the benefits of the Employment Protection Law.

2. From October 6, 2020 and until January 6, 2021, up to one tenth of the amount to be paid from the Solidarity Unemployment Fund under Law No. 19.728, is granted to the beneficiaries who, during such period, are entitled to the Employment Protection Law benefits paid from the Solidarity Unemployment Fund. As of the sixth draft, the average percentage of remuneration of these drafts is established at 45%, and the value of the benefits associated to the mentioned drafts is set at $419,757, and a lower value of $225,000.

3. It extends from October 31, 2020 and until January 6, 2021, the validity of the benefits and allowances established in Law No. 21,263, with respect to Law No. 19.728.

In case you require additional information on this matter, you may contact Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

Ministry of Finance publishes the Decree that orders the payment of the 6th and 7th drafts, with a subsidy payment of 45% of the average remuneration (Unemployment Insurance and Employment Protection Law)

On September 25, 2020, Decree No. 1434 of the Ministry of Finance was published in the Official Gazette, establishing parameters and improving benefits of the unemployment insurance and the employment protection law. As applicable, the decree orders the following:

As of August 1, 2020 and until October 31 of the same year, the average percentage of remuneration corresponding to the fifth line of business charged to the Solidarity Unemployment Fund of Law No. 19.728, applicable to both the Unemployment Insurance and the benefits paid under the Employment Protection Law, is increased to 55%. The higher value of such draft is fixed at $513,038.

It extends, as from August 1, 2020 and until October 31 of the same year, a sixth and seventh draft from the Solidarity Unemployment Fund of the Unemployment Insurance Law, applicable to the benefits paid from such fund under the Employment Protection Law.

As from August 1, 2020 and until October 31 of the same year, the percentage of the average remuneration corresponding to the sixth and seventh drafts charged to the Solidarity Unemployment Fund of Law No. 19,728, applicable to the benefits paid from such fund under the Unemployment Insurance and Employment Protection Law, is increased to 45%. The upper value of such benefits is set at the amount of $419,757 and its lower value at the amount of $225,000.

In case you require additional information on this matter, you may contact Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)

Law Published which makes access requirements more flexible and it increases the amounts of unemployment insurance benefits and improves the benefits of Law No. 21.227

On September 4, 2020, Draft Law No. 21.263 was published in the Official Gazette, which temporarily provides greater flexibility to the access requirements and increases the amount of unemployment insurance benefits under Law No. 19.728 and improves the benefits under Law No. 21.227. The most relevant aspects of this law are as follows:

A. It temporarily provides more flexibility to access requirements and increases the amount of unemployment insurance benefits under Law No. 19.728.

1.Law No. 21,263 provides that workers affiliated to the unemployment insurance who are unemployed may have access until October 31, 2020, to the benefits charged to the Individual Unemployment Account and to the withdrawals charged to the Solidarity Fund, if they comply with any of the requirements of the first paragraph of article 2 of Law No. 21,227 on Employment Protection, regarding the number of contributions.

Unemployed workers who meet the requirements set forth in Section 12 and Section 24, first paragraph, of Law 19.728, which establishes Unemployment Insurance, shall also be entitled to benefits under the conditions indicated in this law.

2. This legal amendment improves the benefits to be paid from the funds of the Individual Severance Account, establishing that they will be calculated on the average of the remunerations accrued by the worker in the last 3 months in which contributions are recorded, prior to the end of the contract, as follows: the first month 70%, the second, third, fourth and fifth month 55% and the sixth month or more 50% of the average remuneration. When the resources of the Individual Severance Account are insufficient, the benefits shall be financed from the Solidarity Fund.

3. On the other hand, it is established that the benefits to be paid from the Solidarity Unemployment Fund will include a maximum of 5 benefits in the percentages indicated below, which will be calculated on the average of the remunerations accrued in the last 3 months in which contributions are registered: 70% in the first month, 55% in the second, third and fourth months and 45% in the fifth month. In addition, these benefits will be affected to higher and lower values for each month, as follows: the first month a higher value of $652,956 and lower of $225,000, the second, third and fourth month a higher value of $513,038 and lower of 225,000 and the fifth month a higher value of $419,757 and lower of $225,000.

However, the law determines that a supreme decree issued by the Ministry of Finance, and also signed by the Minister of Labor and Social Welfare, will establish the parameters that will allow, during the effectiveness of this law, to increase the percentage of the average remuneration of the fifth turn, being able to reach a percentage of the average remuneration of 55%, in which case it must also fix the superior value of the benefit, which will be increased proportionally until reaching the value of $513,038, in case the average percentage of remuneration is increased to the maximum limit of 55% of the same. The parameters to be considered will be, among others, the health and labor market conditions, and the regional realities associated with the impact of the COVID-19 disease.

This law also establishes that the beneficiaries who are receiving the fifth line of payment from the Solidarity Fund will be entitled, during the term of this law, to a sixth and seventh line of payment, equivalent to 30% of the average remuneration. Likewise, the percentage of the average remuneration of the sixth and seventh draft may reach a percentage of the average remuneration of 45%, if the parameters established in the Supreme Decree mentioned above are met, in which case the higher value of the benefit must also be fixed, which will be increased proportionally and may not be higher than the amount indicated for the fifth draft according to the table in the second paragraph of article 4 of this law.

4. Unemployed workers who are affiliated to the unemployment insurance, and who do not meet the access requirements of article 12 of Law 19.728, may only apply for the benefits to be charged to their Individual Account for Unemployment, up to the number of months and in the respective percentages that they can finance.

5. During the term of this law and until October 31st, 2020, access to the benefits of the Unemployment Insurance shall be governed by the percentages and values of this law.

B. The benefits of Law No. 21.227 are perfected.

6. During the term of this law and until October 31, 2020, the suspension of contracts regulated by Article 2 of the Employment Protection Law shall be governed by the rules set forth in the preceding points.

7. In turn, the parameters set forth in the third paragraph of article 4 of Law No. 21.263 will allow an increase, during the term of the law, of the percentage of the average remuneration of the fifth line of business corresponding to the workers subject to Law No. 21.227, which may reach a percentage of the average remuneration of 55%, in which case the higher value of the benefit must also be set, which will be increased proportionally and may not exceed $513,038.

8. In case the sanitary conditions so merit and the parameters established in the decree indicated in the third paragraph of article 4 are met, the Minister of Finance, by means of one or more supreme decrees, which will also be signed by the Minister of Labor and Social Welfare, may increase the percentage of the average remuneration of the fifth line of business.

9. Likewise, the parameters indicated in the third paragraph of article 4 will serve to determine the potential extension of the drafts to be carried out by the Solidarity Unemployment Fund, granting a sixth and seventh draft until October 31, 2020.

10. The decree will establish the percentage of the average remuneration to be considered, which may not be higher than 45%, and the higher and lower values of the benefit, which may not exceed the values of the fifth round according to the table in the second paragraph of article 4, being fixed proportionally.

11. In the case of workers who, as of August 2020, are entitled to receive the fifth payment from the Solidarity Unemployment Fund, pursuant to Law No. 19,728 or Title I of Law No. 21,227, the percentage of the average remuneration on which such payment will be calculated shall be 55%, the higher and lower values being adjusted according to the table in the second paragraph of Article 4, without the need to issue the supreme decree referred to in such law and in the third paragraph of Article 7 of this law.

12. It is also established that the agreement for the temporary decrease of working hours may be signed until July 31, 2021

13. Within the term of three months counted from the publication of the present law, and before the term of validity of the norms indicated in the following literals, the Ministry of Finance, by means of one or more supreme decrees, signed, in addition, by the Minister of Labor and Social Welfare, may:

– Extend, as of the date of its expiration, the validity of the benefits and allowances set forth in Title I of Law No. 21.227, and also grant the right to additional drafts charged to the Solidarity Unemployment Fund of Law No. 19.728 in the event described in the first paragraph of Article 1 of Law No. 21.227, under the terms and conditions set forth in this law for a maximum period of five months;

– Extend, as of the date of its expiration, the validity of the benefits and allowances established in Title II of Law No. 21.227, under the terms and conditions set forth in said legal body, for a maximum period of five months; and

– To extend, as of the date of its expiration, the validity of the benefits and allowances established in this law, with respect to Law No. 19,728, for a maximum period of five months.

The aforementioned supreme decrees must be issued in consideration of objective circumstances, among others, the health conditions of the country, labor market conditions or regional realities associated with the impact of the COVID-19 disease.

14. The workers covered by the provisions of Titles I and II of Law No. 21.227, on Employment Protection, may enter into new employment contracts of a transitory nature with other employers, without losing their employment relationship or the payment of benefits from unemployment insurance.

15. It is established that in the event that the effects of the suspension of the labor relationship under the Employment Protection Law cease, the employers at the time of reinstatement of the workers shall not discriminate in the treatment or establish arbitrary differences between those who had their contracts suspended unilaterally by act of authority, and those who suspended their contracts by common agreement.

C. General Provisions.

16. This law shall enter into effect on the date of its publication in the Official Gazette and shall be in force until October 31, 2020. Notwithstanding the foregoing, for purposes of access, calculation and payment of benefits, it shall be understood that it entered into force on August 1, 2020.

In case you require additional information on this matter, you may contact Alfred Sherman (asherman@jdf.cl) and/or Felipe Ovalle (fovalle@jdf.cl)