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)