The Law Today

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

07 Jun 2022

Introduction

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.

Contact

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).

JDF